RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBERS: BC-2002-03713
INDEX CODE 111.01 111.05
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
The Officer Performance Report (OPR) for the period 13 Mar 01 through
12 Mar 02 be declared void and removed from his records.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The OPR is unjust in that it does not target progression and is not
reflective or consistent with his duty performance. It does not
provide recommendations for attending professional military education
(PME) and future job recommendations, which will have a significant
impact on his promotion opportunity. He did not receive formal or
informal feedback that his job performance was not meeting his
supervisor’s expectations or would not warrant future PME and job
recommendations. He provides statements attesting, in part, to the
rater’s chaotic management style.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
During the period in question, the applicant was the chief of web
technology and resources with the Air Force Medical Support Agency at
Brooks AFB, TX, in the grade of captain. He then was assigned to the
10th Medical Operations Squadron at the USAF Academy (USAFA) as the
group practice manager.
The applicant graduated from Squadron Officer School, in residence, in
2001.
He was selected for promotion by the Calendar Year 2002B (CY02B) major
board, which convened on 2 Oct 02.
The applicant’s recent OPRs reflect the following:
PERIOD ENDING EVALUATION
12 Mar 99 Meets Standards (PME)
12 Mar 00 Training Report
* 12 Mar 01 Meets Standards (Assignment & PME)
24 Aug 01 Training Report (Squadron Officer School)
**12 Mar 02 Meets Standards (No Assignment or PME)
# 13 Sep 02 Meets Standards (Assignment & PME)
* The rater and the additional rater for the 12 Mar 01 OPR were
the same as in the contested report.
**Contested OPR.
# Top OPR for CY02B board.
The applicant has not filed a similar appeal under the provisions of
AFI 36-2401.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPE notes the applicant failed to provide any comments from
anyone within his rating chain. The applicant was also rated by the
same rating chain in the previous year’s evaluation, in which they
made PME and assignment recommendations. It is clear that in the
applicant’s previous report this rating chain felt that he was ready
for continued PME and assignments; however, their opinion changed
based on his performance during the rating period 13 Mar 01 through 12
Mar 02. The applicant failed to provide a letter from his unit
commander identifying whether feedback was or was not accomplished.
Further, the governing directive indicates that lack of feedback will
not, of itself, invalidate any subsequent performance report. The
applicant should provide evidence that he did not receive feedback and
that its lack directly resulted in his inability to meet or exceed
standards. The letters he provided are from individuals outside the
rating chain. Denial is recommended.
A complete copy of the evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant contends he provided a statement from someone within his
rating chain who he worked with on a daily basis and documentation
from individuals who were rated by the same supervisor. Although
selected for major on a recent selection board, future boards will
become more competitive and this OPR will have a significant impact on
his potential selection.
The applicant’s complete rebuttal is at 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 the applicant’s submission, a majority of the
Board is not persuaded that the contested OPR should be voided. We
noted the supporting statements provided by the applicant; however,
the Board majority is not persuaded that the omission of PME and
assignment recommendations on the 12 Mar 02 OPR renders the report
invalid. While the rater’s management style may have been perceived as
chaotic by some individuals, the applicant has not established that
either the rater or the additional rater were personally prejudiced
against him. In this respect, the Board majority notes these
evaluators included PME and assignment recommendations in the previous
performance report. Although we cannot determine with any certainty,
the possibility exists that their assessment of his potential may have
changed during the contested rating period. Further, contrary to the
applicant’s contentions, the contested report indicates he did receive
performance feedback on 22 Oct 01. The applicant has not shown to the
Board majority’s satisfaction that the report, as written, is in error
or unjust. The majority of the Board therefore agrees with the
recommendations of the Air Force and adopts the rationale expressed as
the basis for our decision that the applicant has failed to sustain
his burden of having suffered either an error or an injustice. In view
of the above and absent persuasive evidence to the contrary, the Board
majority finds no compelling basis to recommend granting the relief
sought.
_________________________________________________________________
RECOMMENDATION OF THE BOARD:
A majority of the panel finds insufficient evidence of error or
injustice and recommends the application be denied.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 17 April 2003 under the provisions of AFI 36-
2603:
Mr. Albert F. Lowas, Jr., Panel Chair
Mr. Robert H. Altman, Member
Ms. Jean A. Reynolds, Member
By a majority vote, the Board recommended denial of the application.
Mr. Altman voted to grant, but he does not wish to submit a Minority
Report. The following documentary evidence relating to AFBCMR Docket
Number BC-2002-03713 was considered:
Exhibit A. DD Form 149, dated 16 Sep 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPE, dated 6 Jan 03.
Exhibit D. Letter, SAF/MRBR, dated 17 Jan 03.
Exhibit E. Letter, Applicant, dated 12 Feb 03.
ALBERT F. LOWAS, JR.
Panel Chair
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