RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-01985 (Case 2)
INDEX CODE: 111.01, 111.05
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her Officer Performance Reports (OPRs), closing 1 Aug 00 and 8 Feb 01,
be declared void and removed from her records.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The contested OPRs are not indicative of her accomplishments and job
performance during the rating periods but are concentrated on isolated
events. They were a result of improper supervision and retribution
for IG complaints she filed against individuals in her chain of
command.
In support of her request, applicant submits a personal statement
copies of the contested reports with her rebuttal statements, and
additional documents associated with the issues cited in her
contentions. The applicant’s complete submission, with attachments,
is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s Total Active Federal Military Service Date (TAFMSD) is
15 Jan 87. She is currently serving on active duty in the grade of
captain, with an effective date and date of rank of 17 Oct 99. The
following is a resume of her OPR ratings subsequent to her promotion
to that grade.
Period Ending Evaluation
3 Dec 99 Meets Standards
* 1 Aug 00 Does Not Meet Standards
* 8 Feb 01 Does Not Meet Standards
8 Feb 02 Meets Standards
* Contested Referral OPRs
On 1 May 01, the applicant was notified that the Department of Defense
(DoD) Inspector General (IG) determined there was insufficient
evidence to conduct a reprisal investigation under Title 10, U.S.
Code, Section 1034. A copy of the IG investigation is at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPE recommends the application be denied. DPPPE states that
evaluators are obliged to consider isolated incidents, their
significance and the frequency with which they occurred in assessing
performance and potential. The applicant contends the statements on
her 1 Aug 00 OPR are not altogether true. She states she provided
proof to her evaluators that the information listed was not true, that
she had notified her secretary of her whereabouts; however, the only
evidence she provided showed the secretary had made calls to the base
operator, not to the motels the applicant was staying at. Further,
there is no evidence that the evaluators were made aware of the
locations from the applicant or her secretary. The applicant contends
on the 8 Feb 01 OPR, which states “authored inadequate work product;
2000 Tuberculosis Risk Assessment contained fundamental flaws” is
unjust. She states she should not have been penalized for the Apr 00
document because it was outside the reporting period. However, the
evaluators did not discover the errors until Feb 01 and AFI 36-2406
authorizes the inclusion of prior events if they add significantly to
the evaluation report, were not known to and considered by the
previous evaluators, and were not previously reflected in an
evaluation report. Therefore, the mention of the 2000 document was in
accordance with the AFI and not considered unjust or unfair.
Additionally, the applicant’s contention that the remaining referral
comments are false, exaggerated and unfair are only her opinions and
without substantiating evidence. DPPPE indicated that the applicant
stated she filed two IG complaints, but only provided a response to
one. The additional support provided is from individuals who were not
aware of the applicant’s particular situation. DPPPE states that the
applicant indicated the situation was investigated by an outside
agency; however, she did not provide the results of the investigation.
Further, the applicant states during this period she was given
disciplinary actions, including being placed on the control roster,
but these actions were not mentioned on the reports. This is not
consistent with the accusations of biased evaluators who were out to
get her. The HQ AFPC/DPPPE evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on
16 Aug 02 for review and response. As of this date, no response has
been received by this office (Exhibit E).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. After a thorough review of the
evidence of record and applicant’s submission, to include the
statements of support, we are unpersuaded that the contested OPRs
should be removed from her record. The applicant’s allegations of
reprisal and other harassing actions were found to be unsubstantiated
and the local IG dismissed her case. Following approval by the
Secretary of the Air Force Inquiries Division (SAF/IGQ) and the
Department of Defense Special Inquiries, the applicant’s case was
closed. The applicant has not presented convincing evidence
substantiating her allegations that the reports were biased,
retaliatory or inaccurate assessments of her performance during the
pertinent rating periods. With regard to the letters of support,
while these individuals are entitled to their opinions, they were not
in the applicant’s rating chain. As such, we do not believe their
personal opinion should be substituted for those responsible for
assessing the applicant’s performance during the contested rating
periods. In our opinion, the applicant was rated properly based on
the evaluators’ perception of her performance at that point in time.
Additionally, we found no evidence to indicate that the contested OPRs
were prepared in a manner contrary to the pertinent provisions of the
governing Air Force instruction. We, therefore, agree with the
opinion and recommendation of the appropriate Air Force office and
adopt the rationale expressed as the basis for our decision that the
applicant has failed to sustain her burden that she has suffered
either an error or an injustice. In view of the foregoing and absent
sufficient evidence to the contrary, we find no compelling basis to
recommend granting the relief sought in this application.
4. The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will
materially add to our understanding of the issue(s) involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of 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 in
Executive Session on 27 Mar 03, under the provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Ms. Rita J. Maldonado, Member
Mr. Laurence M. Groner, Member
The following documentary evidence was considered in connection with
AFBCMR Docket Number BC-2002-01985.
Exhibit A. DD Form 149, dated 5 Jun 01, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. IG Investigation (withdrawn).
Exhibit D. Letter, HQ AFPC/DPPPE, undated.
Exhibit E. Letter, SAF/MRBR, dated 16 Aug 02.
RICHARD A. PETERSON
Panel Chair
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