RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01816
INDEX CODES: 111.01, 131.01
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 11 Dec 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Officer Performance Report (OPR) rendered for the period 14 Aug 03
through 13 Aug 04 be declared void and removed from his records.
His Promotion Recommendation Forms (PRFs) prepared for consideration
by the Calendar Year 2004D (CY04D) and Calendar Year 2005C (CY05C)
Captain Promotion Processes be declared void and removed from his
records.
He be granted Special Selection Board (SSB) consideration.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The contested reports were inaccurate assessments of his performance
and do not display the whole person concept.
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
first lieutenant, with a date of rank (DOR) of 20 Dec 03. His Total
Active Federal Military Service Date (TAFMSD) is 1 Oct 01 and Total
Active Federal Commissioned Service Date (TAFCSD) is 20 Dec 01.
Applicant's Officer Performance Report (OPR) profile follows:
PERIOD ENDING EVALUATION
13 Aug 03 Meets Standards
*# 13 Aug 04 Does Not Meets Standards
15 Apr 05 Meets Standards
* Contested Report.
# Top Report at the time he was considered and nonselected for
promotion to the grade of captain by the CY04D Captain Promotion
Process.
A Commander-Directed Investigation (CDI) was conducted based on 18
allegations made by the applicant. The Investigating Officer found
that:
l) Although the many complaints of applicant revealed a few
procedural errors, the vast majority of the complaints were determined
to be unfounded. The evidence indicates the applicant was treated
fairly throughout his assignment at Luke AFB and his problems were
self induced.
2) The evidence revealed that Major M--- gave the applicant
daily verbal feedback and tried to mentor him every other day. It was
the Investigating Officer’s opinion that written feedback would have
been more beneficial considering the serious deficiencies in
applicant’s performance and behavior.
3) The applicant should not have been nominated for the 56th
Mission Support Squadron (56 MSS) Company Grade Officer (CGO) of the
Quarter. Whi1e management's intentions were good, the evidence
indicated the applicant’s performance and attitude were substandard
everywhere he'd been, including the quarter in question. The
applicant truly believed that he had done special things and
nominating him for this award when his performance did not merit it
did nothing but send him mixed messages.
4) The applicant was missing an OPR. Major M--- and Lt Col L---
should refer to AFI 36-2406 and determine the best way to document the
applicant’s work during the time period in question.
5) The 56th Services Squadron (56 SVS) should continue to
evaluate the applicant over a 90-day period. The 30-day and 90-day
feedbacks would help Major M--- make a retention recommendation.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPP reviewed this application and recommended denial indicating
the purpose of the evaluation system is to provide a reliable, long-
term, cumulative record of performance and potential based on that
performance. Performance is most important for successful mission
accomplishment. It is also important for development of skills and
leadership abilities and in determining who will be selected for
advancement through assignments, promotions, and so on. The rater is
responsible for ensuring performance is documented accurately. When
documenting adverse information, raters must consider the fact the
majority of Air Force personnel serve their entire career with honor
and distinction; therefore, failure to document misconduct which
reflect departure from the core values of the Air Force is a
disservice to all personnel competing for promotion.
According to AFPC/DPPP, the applicant's entire appeal is based on his
performance as a "whole." The fact that he was CGO of the Quarter,
received letters of appreciation, and nominated for other awards does
not outweigh the misconduct in hand. The rater has the authority to
determine if the misconduct should be documented in a performance
report. In this case, the applicant received a referral report for
unprofessionalism, inappropriate comments, lack of service before
self, and lapse in judgment. It is obvious the applicant had more
than an isolated incident which resulted in the “Does Not Meet
Standards” marking.
The applicant failed to provide any supporting documents to
substantiate the information on the performance report was inaccurate.
In addition, the report of investigation provided by the ratee does
not substantiate any claims made by the applicant except for a missing
report (which is not part of this appeal). Therefore, the Board can
only determine the report is accurate. It was obvious the ratee
believes certain performance factors were left out of the report based
on his accomplishments. However, the fact remains it was the rater's
decision to document any performance factors he/she deems necessary to
be placed on the report. Personal opinion and lack of evidence does
not warrant removal of this report.
(Examiner’s Note: The advisory from AFPC/DPPP appeared to contain
information, particularly in the “RECOMMENDATIONS” portion of the
advisory, which did not apply to the applicant).
A complete copy of the AFPC/DPPP evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 9 Sep
05 for review and response. As of this date, no response has been
received by this office (Exhibit D).
By letter, dated 29 Nov 05, the applicant requested that his “Do Not
Promote” PRFs also be removed from his records, and that he be
provided SSB consideration based on the new information obtained from
a CDI, which is attached at Exhibit E.
By electronic mail (e-mail), dated 5 Dec 05, the applicant provided
additional documentary evidence for the Board’s consideration, which
is attached Exhibit F.
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
AFPC/DPPP recommended denial indicating the CDI did not substantiate
the contested OPR and PRFs were completed inaccurately. The CDI
specifically stated the evidence indicated the applicant was treated
fairly throughout his assignment at Luke Air Force Base (AFB) and his
problems were self induced. In AFPC/DPPP’s view, the applicant has
failed to provide supporting evidence to substantiate his claim.
A complete copy of the AFPC/DPPP evaluation, with attachments, is at
Exhibit G.
_________________________________________________________________
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
Applicant reviewed the advisory opinion and provided a response
indicating the CDI substantiated he was missing an OPR. It should
have been accomplished by Lt Col L---. This makes the date and time
periods for the subsequent report questionable. There was no mention
in the advisory of this obvious discrepancy in the advisory. He
requests that his supporting documentation be reviewed so that an
accurate portrayal of his performance can be conveyed.
Applicant’s complete response is at Exhibit I.
_________________________________________________________________
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. The applicant's complete
submission was thoroughly reviewed and his contentions were duly
noted. However, we do not find the applicant’s assertions and the
documentation submitted in support of his appeal sufficient to
convince us that corrective action is warranted. We note the evidence
of record included a CDI which concluded that there were serious
deficiencies in the applicant’s performance and behavior. There was
no evidence of any unfair treatment of the applicant, rather his
problems were self induced. In view of the foregoing, and in the
absence of sufficient evidence the contested OPR and PRFs were
inaccurate assessments of his performance and promotion potential, we
conclude the applicant has failed to sustain his burden of
establishing that he has suffered either an error or an injustice.
Accordingly, we find no compelling basis to recommend granting the
relief sought in this application.
4. We note the aforementioned CDI did find that the applicant was
missing an OPR. However, it did not specify the time period the OPR
should have been prepared. Furthermore, the applicant has not made a
specific request to have a missing OPR included in his record, nor has
he provided such an OPR for inclusion in his record. If the applicant
were to do so, we would be inclined to reconsider this appeal.
_________________________________________________________________
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-
2005-01816 in Executive Session on 7 Feb 06, under the provisions of
AFI 36-2603:
Mr. James W. Russell III, Panel Chair
Ms. Janet I. Hassan, Member
Mr. James A. Wolffe, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 Jun 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPP, dated 2 Sep 05.
Exhibit D. Letter, SAF/MRBR, dated 9 Sep 05.
Exhibit E. Letter, applicant, dated 29 Nov 05.
Exhibit F. Electronic mail from applicant, dtd 5 Dec 05,
w/atchs.
Exhibit G. Letter, AFPC/DPPP, dated 28 Dec 05, w/atchs.
Exhibit H. Letter, SAF/MRBR, dated 6 Jan 06.
Exhibit I. Letter, applicant, dated 10 Jan 06.
JAMES W. RUSSELL III
Panel Chair
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