RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03366
INDEX CODE: 111.01
XXXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 7 MAY 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
The Officer Performance Report (OPR) closing out on 27 January 2004 be
declared void and removed from his records.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The contested report is unfairly prejudiced, biased, unfair and not an
accurate portrayal of his duty performance. He believes other
circumstances that occurred within the same reporting period were
handled differently.
In support of his request, applicant provided a personal statement, a
copy of AF Form 707B, Company Grade Officer Performance Report closing
out on 27 January 2004, documentation associated with his referral OPR
and AF Form 948, Application for Correction/Removal of Evaluation
Reports.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was commissioned a second lieutenant in the Regular Air
Force on 16 August 1999 and was progressively promoted to the grade of
captain. On 17 February 2004 the applicant received a referral OPR
from his commander citing dereliction of duty, downloading of an anti-
firewall software on his government computer and his failure to obtain
the commander’s approval prior to authorizing a flight day-off The
applicant acknowledge receipt of the letter and responded in his own
behalf.
He was released from active with an honorable discharge
characterization on 7 July 2004, after completion of required service.
The applicant currently serves in the Army National Guard in the
grade of captain.
The following is a resume of the applicant’s OPR profile:
PERIOD ENDINGS OVERALL EVALUATION
*27 Jan 04 MEETS STANDARDS (MS)
8 May 03 MS
8 May 02 MS
10 Jul 01 MS
* - Contested Report
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPP recommends denial. DPPP states the applicant failed to
provide any supporting documents to prove the OPR is inaccurate. The
applicant mentions a situation concerning another officer and how his
punishment was not as severe as his. However, the case is irrelevant
to his case. He also mentions he is filing an Inspector General (IG)
complaint. The IG must substantiate the member was treated unfairly
and that this directly resulted in an unfair evaluation to overturn
his OPR, and a copy of the report of investigation must be provided.
A complete copy of the 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 16
Dec 2005 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. Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice. After reviewing the
evidence of record, we are not persuaded that the contested report
should be declared void and removed from his records. The Board finds
no persuasive evidence showing that the applicant was rated unfairly,
that the report is in error, or that the rater was biased and
prejudiced against the applicant. In our opinion, the rater provided
what he considered to be a valid assessment of the applicant’s
performance. Therefore, in the absence of evidence to the contrary,
we find no compelling basis to recommend granting the relief sought in
this application.
_________________________________________________________________
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-
2005-03366 in Executive Session on 8 March 2006, under the provisions
of AFI 36-2603:
Ms. Kathy L. Boockholdt, Panel Chair
Ms. Cheryl V. Jacobson, Member
Mr. August Doddato, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Oct 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPP, dated 9 Dec 05.
Exhibit D. Letter, SAF/MRBR, dated 16 Dec 05.
KATHY L. BOOCKHOLDT
Panel Chair
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