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AF | BCMR | CY2005 | BC-2005-01301
Original file (BC-2005-01301.DOC) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01301
            INDEX CODE:  111.02

            COUNSEL:  NONE

            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  20 Oct 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her Officer Performance Report (OPR) rendered for the period 12 Jan 03
to 11 Jan 04 be declared void and removed from her records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The OPR contained  erroneous  content  and  was  not  written  by  her
designated rater.

In  support  of  her  appeal,  the  applicant  provided  documentation
pertaining to her Inspector General (IG) complaint, her  appeal  under
the provisions of AFI 36-2406,  and  other  documents  concerning  the
matter under review.

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

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates
the applicant is currently serving on active  duty  in  the  grade  of
captain, having been promoted to that grade on 12 Jan 05.   Her  Total
Active Federal Military Service Date (TAFMSD) is 24  Apr  90  and  her
Total Active Federal Commissioned Service Date (TAFCSD) is 12 Jan 01.

Applicant's Officer Performance Report (OPR) profile follows:

      PERIOD ENDING    EVALUATION

      11 Jan 02  Meets Standards
      11 Jan 03  Meets Standards
  *   11 Jan 04  Meets Standards
      11 Jan 05  Meets Standards

* Contested Report.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPP recommended  denial  indicating  that  while  the  applicant
contends “erroneous” content was documented in her performance report,
nothing was provided substantiating the report did not contain factual
information  and  was  not  an  accurate  assessment  when  originally
rendered.   Based  on  Military   Personnel   Data   System   (MILPDS)
documentation, it appears the correct rating chain wrote and  indorsed
the  contested  report.   No  credible  supporting  documentation  was
provided  proving  the  applicant’s  commander  discarded  the  report
written by her rater (Mr. L---) and then tasked the  orderly  room  to
alter the dates of supervision to appear as if someone else  had  been
her rater.

A complete copy of the AFPC/DPPP evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the  advisory  opinion  and  furnished  a  detailed
response.  In summary, she indicated she feels very strongly  she  has
been wronged and is deeply appreciative of the opportunity to have, in
her view, the erroneous and negative report removed from her records.

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 timely filed.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice.  Applicant’s complete  submission
was thoroughly reviewed and her contentions were duly noted.  However,
we find no evidence which has shown to our satisfaction the  applicant
was inappropriately evaluated, her evaluators were unable to render  a
fair and honest assessment of her performance and promotion potential,
or that the contested report had its basis in factors other  than  the
applicant’s performance.  Therefore,  in  the  absence  of  persuasive
evidence the contested report was not an accurate  assessment  of  her
performance at the time it was rendered, we agree with the opinion and
recommendation of the Air Force office of primary responsibility (OPR)
and conclude that no compelling basis exists to recommend granting the
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 AFBCMR Docket Number BC-
2005-01301 in Executive Session on 17 Aug 05, under the provisions  of
AFI 36-2603:

      Mr. Joseph G. Diamond, Panel Chair
      Mr. Wallace F. Beard, Jr., Member
      Ms. LeLoy W. Cottrell, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Mar 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPP, dated 31 May 05.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Jun 05.
    Exhibit E.  Letter, applicant, dated 28 Jun 05.




                                   JOSEPH G. DIAMOND
                                   Panel Chair

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