Search Decisions

Decision Text

AF | BCMR | CY2002 | BC-2002-01878
Original file (BC-2002-01878.doc) Auto-classification: Denied


                            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

Similar Decisions

  • AF | BCMR | CY2002 | BC-2002-03562

    Original file (BC-2002-03562.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBERS: BC-2002-03562 INDEX CODE: 111.01, 131.01 XXXXXXXXXXXXXXXXX COUNSEL: NONE XXXXXXXXXXXXX HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His P0500A promotion recommendation form (PRF) be corrected to reflect a $166 million program versus an $80 million program; his completion of the USAF F-15E Instructor Upgrade Course be...

  • AF | BCMR | CY1999 | 9803569

    Original file (9803569.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 98-03569 INDEX CODE: 131.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be considered for promotion to the grade of major by a Special Selection Board (SSB) for the CY96A (4 Mar 96) Major Selection Board (P0496A), with inclusion of the corrected Promotion Recommendation Form (PRF) provided; the citations...

  • AF | BCMR | CY2004 | BC-2004-00500

    Original file (BC-2004-00500.doc) Auto-classification: Approved

    _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPPE notes the rater is simply letting the applicant know that her assessment was what she intended it to be at the time and she has no valid reason to change her assessment four years later. Exhibit F. Letter, Counsel, dated 7 May 04. JOE G. LINEBERGER Director Air Force Review Boards Agency AFBCMR BC-2004-00500 MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF...

  • AF | BCMR | CY2002 | BC-2002-01150

    Original file (BC-2002-01150.DOC) Auto-classification: Approved

    Based on these statements, we recommend that the duty title be corrected. In his appeal to this Board, applicant has requested that he be considered for ISS, which is the appropriate PME recommendation that should have been indicated on the OPR. Therefore, we recommend the duty title and PME recommendation be changed on the contested OPR and that his corrected report be considered for promotion and ISS by SSBs.

  • AF | BCMR | CY2003 | BC-2002-01151

    Original file (BC-2002-01151.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS INDEX CODE 111.01 111.03 111.05 131.01 IN THE MATTER OF: DOCKET NUMBERS: 02-01151 COUNSEL: None HEARING DESIRED: Yes _________________________________________________________________ APPLICANT REQUESTS THAT: The Officer Performance Report (OPR) for the period closing 24 Oct 98 be declared void, the Performance Recommendation Form (PRF) for the Calendar Year 1999A (CY99A) Central Lieutenant Colonel Selection Board be...

  • AF | BCMR | CY2003 | BC-2003-02373

    Original file (BC-2003-02373.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-02373 INDEX CODE: 131.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Officer Performance Report (OPR) rendered for the period 19 September 2000 through 18 September 2001 be replaced with a reaccomplished OPR rendered for the same period and direct promotion to the grade of lieutenant colonel or...

  • AF | BCMR | CY2003 | BC-2003-00495

    Original file (BC-2003-00495.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-00495 INDEX CODES: 111.02, 131.01 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Officer Performance Report (OPR) rendered for the period 21 May 98 through 20 May 99 be declared void and removed from his records and replaced with the reaccomplished OPRs rendered for the periods 21 May 98 through 30...

  • AF | BCMR | CY2006 | BC-2005-02524

    Original file (BC-2005-02524.DOC) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-02524 INDEX NUMBER: 111.00, 131.00 XXXXXXX COUNSEL: NONE XXXXXXX HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 15 MAR 2007 ___________________________________________________________________ APPLICANT REQUESTS THAT: His Officer Performance Report (OPR) rendered for the period 20 Mar 03 through 19 Mar 04, be removed from his records and he be considered for promotion to the...

  • AF | BCMR | CY2002 | 0200611

    Original file (0200611.doc) Auto-classification: Approved

    The applicant states that the Evaluation Reports Appeal Board (ERAB) rejected a similar request because the time to change a report is before it becomes a matter of record. Willingness by an evaluator to include different, but previously known information, is not a valid basis for doing so. The applicant contends the absence of PME recommendations on the contested report sent a negative message to the selection board to not promote him.

  • AF | BCMR | CY2003 | BC-2002-03639

    Original file (BC-2002-03639.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-03639 INDEX CODE: 131.00 APPLICANT COUNSEL: NONE SSN HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: The Officer Performance Report (OPR) rendered for the period 1 April 1999 through 31 March 2000 be removed from his records; Promotion Recommendation Form (PRF) prepared for the CY00A central lieutenant colonel selection...