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AF | BCMR | CY2004 | BC-2004-02639
Original file (BC-2004-02639.DOC) Auto-classification: Approved


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02639
            INDEX CODE:  111.01

      XXXXXXXXXXXXXXX  COUNSEL:  NONE

      XXXXXXXXXXXXXXXXX      HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

The referral Officer Performance Report (OPR) rendered for the  period
27 September 2002 through 4 May 2003 be declared void and removed from
his records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He disagrees with the results of the Commander Directed  Investigation
(CDI), of which he was the  subject.  The  Area  Defense  Counsel  was
unable to acquire a copy of the CDI findings and therefore  unable  to
effectively assist him since the CDI was the basis for the punishment.
 He believes the incensed husband made damaging and false  accusations
against him and these accusations were taken more seriously  than  his
statements.  Discarding the CDI report  violates  USAF  System  Notice
F051 AF JAI, Commander Directed Inquiries, dated 2 June  2002,  67  FR
38487.

In support of his request, applicant provided AF Form 948, Application
for Correction/Removal of Evaluation Reports, a copy of his Letter  of
Admonishment, documentation  associated  with  his  referral  OPR  and
background material related to case.

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

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates
that the applicant is currently serving on active duty in the grade of
captain, having been promoted to that grade on 5 June 2003.  His total
active federal military service date (TAFMSD) is 5 July 1999.







The following is a resume of the applicant’s recent OPR profile:

                   PERIOD ENDINGS            OVERALL EVALUATION


      23 Dec 03             MEETS STANDARDS (MS)

                     4 May 03*            DOES NOT MS
                    26 Sep 02                      MS
      26 Sep 01                      MS

* - Referral Report

The applicant filed a similar request through the Evaluation Reports
Appeal Board (ERAB) and his request was denied on 7 May 2004, due to
lack of substantiating evidence.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPE recommends denial based on lack of substantiated  evidence.
DPPE states  the  applicant  contends  a  CDI  was  initiated  for  an
unprofessional relationship and resulted in a referral report.  He has
attempted to gain a copy of the CDI, but to no avail.  The CDI is  not
relevant because the applicant admits  the  relationship  took  place.
Although the applicant feels the  evaluators  have  over  stressed  an
isolated incident or a short  period  of  substandard  performance  or
conduct, the evaluators are obliged to consider such incidents,  their
significance, and the frequency with which they occurred in  assessing
performance and potential.  Only  the  evaluators  know  how  much  an
incident influenced the report.  If the evaluators feel  the  incident
should not have influenced the report,  the  evaluators  must  provide
specific information about the incident and why they  now  believe  it
was overly emphasized.  Furthermore, it is  perfectly  acceptable  for
the evaluators  to  consider  an  incident  that  occurred  18  months
earlier, as long as it was not addressed or considered in  a  previous
report (para 3.7.6).  In this case, it does not  appear  the  incident
was considered in the previous reporting period since it was not known
at that time.

DPPE found no error in the report or the procedures in  which  it  was
processed.

A complete copy of the DPPPE evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  15
Oct 2004 for review and response.  As of this date,  no  response  has
been received by this office.

_________________________________________________________________



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 injustice.  It appears the applicant may have been
involved  in  an  relationship  with  a  married  civilian   employee.
Applicant contends he was under the impression the woman was getting a
divorce and once he knew this  wasn’t  true,  he  no  longer  had  any
contact  with  her.  The  woman’s  husband  believed  the  applicant’s
relationship with his wife was sexual in nature. The  evidence  before
the Board does not substantiate this allegation, but does suggest  the
applicant used poor judgment  concerning  his  relationship  with  the
civilian; however, we do not believe that  applicant’s  poor  judgment
warranted issuance of the contested report. He received  a  letter  of
admonishment and, in our opinion, was sufficiently punished.   A  copy
of the command directed  investigation  would  have  been  helpful  in
determining the true  facts  of  the  relationship.   Nonetheless,  we
believe had it been established that  he  was  involved  in  a  sexual
relationship with the civilian, his commander  would  have  imposed  a
more severe punishment. Therefore, we recommend that  his  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  the  Company  Grade
Officer Performance Report, AF Form 707B, rendered for the  period  27
September 2002 through 4 May 2003, be, and hereby  is,  declared  void
and removed from his records.
_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2004-02639  in  Executive  Session  on  9  December  2004,  under  the
provisions of AFI 36-2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Ms. Carolyn B. Willis, Member
                       Ms. Dorothy P. Loeb, Member

All  members  voted  to  correct  the  record,  as  recommended.   The
following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 Jul 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPE, dated 7 Oct 04.
    Exhibit D.  Letter, SAF/MRBR, dated 15 Oct 04.



                                   THOMAS S. MARKIEWICZ
                                   Chair


AFBCMR BC-2004-02639




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 XXXXXXXXXXXXXXXXXXXXXXXXX, be corrected to show that the
Company Grade Officer Performance Report, AF Form 707B, rendered for the
period 27 September 2002 through 4 May 2003, be, and hereby is, declared
void and removed from his records.







  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency


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