RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02595
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
All medical comments in the last line of the rater’s overall
assessment and the additional rater’s overall assessment be removed
from the Officer Performance Report (OPR) rendered for the periods 15
February 2001 through 14 February 2002 and 15 February 2002 through 14
February 2003.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Those statements were made without merit. She never received
performance feedback from her supervisor that her medical situation
was a cause for concern for any future assignments. She believes that
the standard for making medical comments was unfairly applied. She
believes she was discriminated against. There was another individual
in the division with similar medical problems during the same
timeframe that did not have the same comments in his OPR. This
individual has recently retired.
The applicant amended her application to remove medical comments
included in the OPR rendered for the period 15 February 2002 through
14 February 2003.
In support of the applicant’s appeal, she submits copies of her OPRs.
Applicant's complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently servicing on extended active duty in the
grade of lieutenant colonel.
Applicant has received three OPR's since she was promoted to the grade
of lieutenant colonel, all of which reflects "Meets Standards."
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPE recommended denial and states that the applicant only
provided a copy of the OPR as evidence for her case. Every contention
made by the member is simply based on her personal opinion without
some type of credible evidence. AFI 36-2406 does not prohibit the
contested comments in the report.
Air Force policy is that an evaluation report is accurate as written
when it becomes a matter of record. There are no errors or injustices
cited in the 14 February 2002 OPR. The rating chain and commander
determined that it was appropriate to mention the medical situation
within the OPR
The applicant submitted an appeal regarding the OPR closing out 14
February 2002 to the Evaluation Report Appeals Board (ERAB). Her
request was reviewed by the ERAB and determined that the applicant did
not provide any supporting documentation to support her allegations
nor were any comments provided from her rating chain supporting the
contention.
AFPC/DPPPE complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force Evaluation was forwarded to the applicant on 3
October 2003, for review and comment within 30 days. 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 timely filed.
3. Sufficient relevant evidence has been presented to demonstrate
the existence of an error or injustice to warrant relief. After
carefully considering applicant's contentions and the evidence of
record, we are persuaded that the reports in question should be
amended to remove the contested medical comments in Sections VI and
VII. The Board notes that her records has failed to reveal any
medical conditions that would render her unfit for duty or
assignments. Therefore, until such time the applicant’s medical
records are referred to a Medical Evaluation Board (MEB) for review,
these medical comments, clearly gives an inaccurate assessment of the
applicant’s performance during the periods in question. In this
respect, we believe with the removal of the inappropriate medical
comments, the reports will be an accurate assessment of the
applicant's performance. Therefore, we recommend her records be
corrected to the extent indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that:
a. The Field Grade Officer Performance Report, AF Form 707A,
rendered for the period 15 February 2001 to 14 February 2002 be
amended in Section VI, Rater Overall Assessment, by removing the
statement “Nancy has been hinder by numerous health problems; pending
their resolution” and be amended in Section VII, Additional Rater
Overall Assessment, by removing the statement “Her health problems
have us concerned; if they are solved.”
b. The Field Grade Officer Performance Report, AF Form 707A,
rendered for the period 15 February 2002 through 14 February 2002 be
amended in Section VI, Rater Overall Assessment, by removing the
statement “We remain hopeful that her persistent health issues can be
solved satisfactory” and be amended in Section VII, Additional Rater
Overall Assessment, by removing the statement “We remain concerned
with Nancy’s problems; if resolved.”
_________________________________________________________________
The following members of the Board considered Docket Number BC-2003-
02595 in Executive Session on 13 November 2003, under the provisions
of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Mr. Gregory H. Petoff, Member
Ms. Carolyn J. Watkins-Taylor, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Jul 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPE, dated 19 Sep 03.
Exhibit D. Letter, SAF/MRBR, dated 3 Oct 03.
RICHARD A. PETERSON
Panel Chair
AFBCMR BC-2003-02595
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:
The pertinent military records of the Department of the Air
Force relating to APPLICANT, 377-68-1648, be corrected to show that:
a. The Field Grade Officer Performance Report, AF
Form 707A, rendered for the period 15 February 2001 to 14 February
2002 be amended in Section VI, Rater Overall Assessment, by removing
the statement “Nancy has been hindered by numerous health problems;
pending their resolution” and be amended in Section VII, Additional
Rater Overall Assessment, by removing the statement “Her health
problems have us concerned; if they are solved.”
b. The Field Grade Officer Performance Report, AF Form
707A, rendered for the period 15 February 2002 through 14 February
2003 be amended in Section VI, Rater Overall Assessment, by removing
the statement “We remain hopeful that her persistent health issues can
be solved satisfactory” and be amended in Section VII, Additional
Rater Overall Assessment, by removing the statement “We remain
concerned with Nancy’s problems; if resolved.”
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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