RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02876
XXXXXXX COUNSEL: BARRY P. STEINBERG
XXXXXXX HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
The 16 March 1991 Letter or Evaluation (LOE) be placed in her Officer
Selection Record (OSR) for the 21 September 2004 Special Board convened
pursuant to the court approved settlement in Berkley v. Unites States.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
Counsel states, in part, that applicant is a class member of a pending
litigation in the United States Court of Federal Claims. As a result of
the settlement, applicant’s record will be reconsidered as it appeared
before the original FY93 RIF board. Prior to applicant’s consideration,
her records should be corrected to include the LOE prepared for her seven
months of duty during Operations Desert Shield and Desert Storm. The
difference in the language between the LOE and Officer Performance Report
(OPR), closing 30 April 1991, is significant. While there was no
disagreement between the authors of the OPR and the author of the LOE, it
is abundantly clear the rating chain was incapable of bringing to life
performance they did not observe. As indicated in the OPR, applicant was
assigned Temporary Duty (TDY) for most of the rating period.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant was considered and not selected for retention in the Air Force by
the FY93 RIF board which convened on 20 July 1992.
Applicant is to be reconsidered for retention by the Calendar Year 2004
Special Board on 21 September 2004, pursuant to the court ordered
settlement in Berkley v. Unites States. The court order agreement provides
individuals the right to request corrections to their records pursuant to
existing procedures.
Applicant’s complete OPR profile prior to the FY93 RIF board reflected
overall assessments of "Meets Standards."
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPO recommends denial of applicant’s request. AFPC/DPPPO states, in
part, that LOEs completed after 1 August 1988 were not authorized to be
filed in the OSR. If applicant feels the information included in the LOE
is of value to the board, she may attach it to a letter to the board
president. Inclusion of an LOE, prepared after 1 August 1988, departs from
AF policy.
The AFPC/DPPPO evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT’S REVIEW OF AIR FORCE EVALUATION:
Counsel states the LOE is a proper reflection of applicant’s performance
for a lengthy period in a combat theatre detached from her rating chain and
its inclusion is fair and logical. The objective here is not the normal
AFPC process, but rather the full and fair consideration of an officer
performing important duties remote from her rating chain.
Counsel complete responses are at Exhibits E and F.
_________________________________________________________________
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. Since her request that the AFCM and AFCM
(1OLC) be placed in her OSR for the Special Board has been corrected
administratively, the only issue to be considered is whether or not her 16
Mar 91 LOE should be placed in the OSR. We took notice of the applicant's
complete submission in judging the merits of the case; however, we agree
with the Air Force office of primary responsibility that since LOEs
completed after 1 Aug 88 were not authorized to be filed in OSR we find no
plausible reason why it would be appropriate to allow it's inclusion in her
OSR for consideration by the Special Board. Moreover, it is clear the
contents of the LOE was utilized to form the basis for the OPR, but was
limited because of the absence of space. This does not mean, however, that
the rater did not exercise his discretion and choose the accomplishment he
believed were the most significant. Therefore, we adopt their rationale as
basis for our conclusion that the applicant has not been the victim of an
error or injustice with respect to this matter. Accordingly, in the
absence of evidence to the contrary, we find no compelling basis to
recommend granting that particular portion of relief sought in this
application.
4. The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issues involved. Therefore, the request for a
hearing is not favorably considered.
_________________________________________________________________
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-2004-02876
in Executive Session on 20 September 2004, under the provisions of AFI 36-
2603:
Mr. Charles E. Bennett, Panel Chair
Mr. Edward H. Parker, Member
Mr. Christopher D. Carey, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Aug 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPO, dated 13 Sep 04.
Exhibit D. Letter, SAF/MRBR, dated 14 Sep 04.
Exhibit E. Email, Counsel, dated 15 Sep 04.
CHARLES E. BENNETT
Panel Chair
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