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AF | BCMR | CY2005 | BC-2005-00346
Original file (BC-2005-00346.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS: BC-2005-00346

       XXXXXXX         COUNSEL:  None
       XXXXXXX         HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  31 DEC 2005


_________________________________________________________________

APPLICANT REQUESTS THAT:

The Officer Performance Report (OPR) for the period 19  March  1999  through
18 March 2000 be reaccomplished.

_________________________________________________________________

APPLICANT CONTENDS THAT:

In his March 2000 OPR, the rater’s comments  are  word  for  word  from  his
March 1999 OPR. Somehow in the 2000  OPR  process,  inadvertently  his  1999
OPR, Rater Overall Assessment, was transposed to  his  March  2000  OPR.  He
tried contacting the rater but without success.

He was not aware of this error until he was passed over  for  promotion.  It
was brought to his attention from the Air  Force  Reserve  Personnel  Center
Promotions office.

In support of his appeal, the applicant provided copies of  his  OPRs.   His
complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was commissioned as a second  lieutenant  on  1 November  1989
and progressively promoted to the grade of captain with a date  of  rank  of
26 May 1993. The  applicant  was  honorably  discharged  1  April  2000  and
transferred to the Air Force Reserve effective 2 April 2000.

Applicant was considered and not selected for  promotion  to  the  grade  of
major by the FY02 and FY03 Air Force Reserve Major Selection Boards.

The applicant was discharged from all appointments in the United States  Air
Force effective 1 October 2003.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPP recommended  denial  and  stated  that  the  rater’s  comments  in
section IV of the OPR are copied from the  previous  report.  The  applicant
requests the report be rewritten, however, the applicant failed  to  provide
support from the evaluators. In addition, the applicant failed to provide  a
substitute report. The Board  cannot  direct  the  rater’s  to  rewrite  the
report. It is the  applicant’s  responsibility  to  contact  the  rater  and
request his/her concurrence for the rewrite.

The AFPC/DPPP evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and stated the 2000  OPR  in
question was written after he was separated from active duty and had no  way
of knowing what was on his OPR when it was submitted. He  did  not  know  of
this mistake until the promotions office  was  informed  and  after  he  was
passed over for major. When  he  was  notified,  he  tried  to  contact  the
parties involved without much success. He then filed an AF  Form  98,  which
is an application to  the  Evaluations  Report  Appeal  Board  (ERAB).  This
process took some time but  was  rejected  because  by  that  time,  he  was
already discharged from the Air Force Reserves from being  passed  over  for
major twice. He was told in the ERAB process,  you  have  to  be  a  current
member of the military. Having already been discharged  from  the  Reserves,
an ERAB will not work. So he was advised to file a  correction  of  military
records (AFBCMR).

He still has OPR inputs from his last year of  Active  Duty  Air  Force  and
copies of Form 73 (mission reports) from every  mission  he  flew  his  last
year. He can submit a substitute report if needed.

The military has always been a big part of his life. He has three  years  of
enlisted Active Duty Army, over ten years Active  Duty  Air  Force  and  two
years in the Air Force Reserves. Hopefully, he can remain and  continue  his
career in the military and be a productive member in the Armed Forces.

Applicant’s complete response is at Exhibit E.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies provided by existing  law  or
regulations.

2.    The application was not timely filed; however, it is in  the  interest
of justice to excuse the failure to timely file.

3.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of an  error  or  injustice.   After  a  thorough  review  of  the
evidence of record and applicant’s submission, we  are  not  persuaded  that
the contested report should be reaccomplished.  Applicant’s contentions  are
duly noted; however, we do not find these uncorroborated assertions, in  and
by themselves, sufficiently persuasive to override  the  rationale  provided
by the Air Force.  While we recognize that the rater’s comments on the  OPRs
in question are identical, the applicant has failed  to  provide  the  Board
with a statement from the rater, after having been given the opportunity  to
do so. Therefore, absent persuasive evidence to the  contrary,  we  find  no
compelling basis upon which to recommend granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of a 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-2005-00346
in Executive Session on 9 August and 7 December 2005, under  the  provisions
of AFI 36-2603:

                 Mr. Laurence M. Groner, Chair
                 Ms. Renee M. Collier, Member
                 Mr. Richard K. Hartley, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 15 Jan 05, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPP, dated 9 Mar 05.
      Exhibit D. Letter, SAF/MRBR, dated 25 Mar 05.
      Exhibit E. Applicant’s Response, dated 6 Apr 05.




      LAURENCE M. GRONER
      Panel Chair


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