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AF | BCMR | CY2004 | BC-2004-00436
Original file (BC-2004-00436.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00436
            INDEX NUMBER:  111.00
      XXXXXXXXXXXXXXX  COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

The referral Officer Performance Report (OPR) rendered on him for  the
period 2 Apr 02 through 15 Aug 02 be declared void  and  removed  from
his records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The OPR places undue emphasis on an isolated  incident  and  has  been
unfairly prejudicial to his career.

The Wing  Commander  relieved  him  of  command  based  on  incomplete
information, miscommunication, and flawed legal advice.  By  the  time
it was discovered that the allegations of misconduct against him  were
not supported by the facts, he had already been relieved of command.

In support of his appeal, applicant provides a  copy  of  his  written
response to the referral OPR, numerous character references, a copy of
his efforts to get support from his rating chain for his appeal to the
Evaluation Reports Appeal Board (ERAB) and a copy of his failed appeal
to the ERAB.

The applicant’s complete submission, with attachments, is  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty as a commissioned officer on  14 Mar
85.  He was progressively promoted  up  to  the  grade  of  lieutenant
colonel.  With the exception of the contested referral OPR closing  15
Aug 02, the applicant’s OPRs have been rated as “meets standards.”

According to the military personnel data system, the applicant has  an
approved retirement effective 1 Oct 04.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPE  recommends  denial  of  the  applicant’s   request.    The
applicant contends that the contested OPR places undue emphasis on  an
isolated incident and has been unfairly  prejudicial  to  his  career.
Paragraph 1.3 of AFI 36-2406 provides guidance on what  raters  should
consider in deciding to document adverse information.   The  rater  in
this case decided the adverse  information  was  important  enough  to
document.  Only the evaluators know how much  an  incident  influenced
the report; therefore, opinions  outside  the  rating  chain  are  not
relevant.  In this case, the rater clearly  states  that  it  was  the
actions around the applicant’s mistake that caused it in his  mind  to
be more than a “one mistake” incident.

The 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 5
Mar 04 for review and comment within 30 days.  To date, a response has
not been received.

_________________________________________________________________

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.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we are not persuaded that the applicant has been  the  victim
of an error or injustice.  We note that the applicant had a clear  set
of  instructions  to  follow  regarding  the  vice  wing   commander’s
signature on the driving revocation form letters.  In his response  to
the referral OPR, he states that on  several  occasions  the  security
forces under  his  command  had  found  themselves  running  short  or
completely out of letters.  Yet, he does not indicate  what  practical
steps were taken to remedy what appeared to  be  an  ongoing  problem,
e.g., requesting an increase in the number of  pre-signed  letters  or
implementing a better monitoring system.  Unfortunately, the applicant
made a deliberate and  conscious  decision  to  forge  the  vice  wing
commander’s signature  on  the  letters,  a  direct  contravention  of
established policy.  Based on the wing commander’s decision to relieve
the  applicant  of  command,  it  would  appear  he   considered   the
applicant’s actions  egregious.   Accordingly,  it  follows  that  the
applicant’s conduct should be documented in his  OPR.   The  applicant
opines that the contested  OPR  “places  undo  (sic)  emphasis  on  an
isolated incident and has been unfairly prejudicial”  to  his  career.
However, he has failed to provide sufficient evidence or support  that
the actions taken in his case were unfair or unwarranted.   Therefore,
in the absence of evidence to the  contrary,  we  find  no  compelling
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 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 Docket  Number  BC-2004-
00436 in Executive Session on 29 April 2004, under the  provisions  of
AFI 36-2603:

      Mr. Jackson A. Hauslein, Panel Chair
      Mr. James W. Russell, Member
      Mr. Richard A. Peterson, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Jan 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPPE, dated 27 Feb 04.
    Exhibit D.  Letter, SAF/MRBR, dated 5 Mar 04.




                                   JACKSON A. HAUSLEIN
                                   Panel Chair

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