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AF | BCMR | CY2003 | BC-2003-02595
Original file (BC-2003-02595.doc) Auto-classification: Approved

                            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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