RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-01878
INDEX CODE: 111.01
COUNSEL: NONE
HEARING DESIRED :NO
APPLICANT REQUESTS THAT:
His Officer Performance Report (OPR) rendered for the period ending
30 October 1999 be removed from his records.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The evaluators overly emphasized an isolated incident in violation of AFI
36-2401, Correcting Officer and Enlisted Evaluation Reports. This is
blatantly obvious when reviewing the attached supporting documentation
submitted as evidence.
In support of his request, applicant submits a copy of AF Form 948,
Application for Correction/Removal of Evaluation Reports; the Evaluation
Reports Appeal Board (ERAB) decision; a professional endorsement by his
commander subsequent to the contested events (the additional rater of his
OPR closing 20 June 2000); copies of his OPRs covering the period 15
February 1997 through 19 March 2001; a letter of appreciation and AF Form
1058, Unfavorable Information File Action. The applicant’s complete
submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Information extracted from the Military Personnel Data System (MilPDS)
indicates the applicant’s Total Active Federal Military Service Date as 29
May 1986. He is currently serving on active duty in the grade of captain,
with a date of rank and an effective date of 28 May 1990. MilPDS reflects
he has one non-select for promotion to major.
The following is a resume of the applicant's OPR profile:
PERIOD ENDING OVERALL EVALUATION
19 Mar 01 MEETS STANDARDS (MS)
20 Jun 00 MS
* 30 Oct 99 DOES NOT MEET STANDARDS
06 Jan 98 MS
08 Dec 98 MS
* - Contested Report. A similar appeal by the applicant was
considered and denied by the Evaluation Report Appeals Board.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPE recommends the application be denied. DPPPE states that it is
Air Force policy that an evaluation report is accurate as written when it
becomes a matter of record. The rating chain is permitted, and actually
encouraged, to discuss evaluations on Air Force personnel while they are
working copies. Clear evidence must exist proving that the superior
violated the evaluator’s rating rights. The member submits no supporting
documentation to support any of his contentions. The DPPPE evaluation is
at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 9 July 2002, a copy of the Air Force evaluation was forwarded to the
applicant for review and response. As of this date, this office has
received no response.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was not timely filed; however, it is in the interest of
justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. After careful consideration of the
evidence provided, it is our opinion that the rater’s reference to the
“incident” in which the applicant received a Letter of Reprimand and the
establishment of an Unfavorable Information File in the contested report
was not in error or contrary to the provisions of the governing directive.
The underlying misconduct did occur during the reporting period covered by
the contested OPR. We choose not to disturb the discretionary judgments of
the evaluators, who are closer to events, absent a strong showing of abuse
of that authority. There has been no such showing here. We noted the
statement by the applicant’s commander who was the additional rater on his
June 2000 report. While laudatory of the applicant’s performance, this
officer was not charged with evaluating the applicant’s performance during
the referent period and, while he believes the reaction of the rating chain
on the previous report to the events under review was excessively harsh,
his opinion, alone, is not sufficient to usurp the discretionary
assessments of the evaluators of the contested report. In the absence of
persuasive evidence showing the evaluators of the contested report abused
their discretion or showing that the information in the report was
erroneous, we are unable to conclude that the report was unjust or
technically flawed. Accordingly, we find no basis to recommend granting
the relief sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of probable material error or injustice; that the application
was denied without a personal appearance; and that the application will
only be reconsidered upon the submission of newly discovered relevant
evidence not considered with this application.
_________________________________________________________________
The following members of the Board considered this application AFBCMR
Docket Number 02-01878 in Executive Session on 30 October 2002, under the
provisions of AFI 36-2603:
Mr. Lawrence R. Leehy, Panel Chair
Mr. Mike Novel, Member
Ms. Diane Arnold, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 May 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPE, dated 8 Jul 02.
Exhibit D. Letter, SAF/MRBR, dated 9 Jul 02.
LAWRENCE R. LEEHY
Panel Chair
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