RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03376
INDEX CODE: 131.00
COUNSEL: DAVID P. PRICE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 9 JUN 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. Her Officer Performance Reports (OPRs) rendered for the period 31 July
1998 through 8 June 1999; 9 June 1999 through 8 June 2000; 9 June 2000
through 14 May 2001, be declared void, and removed from her records.
2. Restoration of all pay, allowances, entitlements, rights and privileges
affected by the referred OPRs and that she receive Special Selection Board
(SSB) consideration for promotion to the grade of captain for the Calendar
Years 2000B (CY00B) and 2001C (CY01C) Selection Boards.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The reports are an inaccurate assessment of her performance.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 30 July 1997, the applicant entered active duty (EAD) in the grade of
second lieutenant and was promoted to the grade of first lieutenant
effective and with a date of rank (DOR) of 24 June 1999.
The applicant was considered and not selected for promotion to the grade of
captain by the CY00B (27 May 2000) and the CY01C (27 August 2001), Captain
Central Selection Boards.
On 31 August 2002, the applicant was honorably released from active duty in
the grade of first lieutenant under the provisions of AFI 36-3207 Non-
Selection, Permanent Promotion. She served five years, one month, and one
day of total active duty service.
OPR profile since 1998, follows:
PERIOD ENDING EVALUATION OF POTENTIAL
12 Mar 98 Training Report (TR)
30 Jul 98 Meets Standards(MS)
# * 8 Jun 99 MS in all but Job Knowledge
Referral Report
* 8 Jun 00 MS in all but Job Knowledge
and Judgment and Decisions
Referral Report
## *14 May 01 MS in all but Job Knowledge
and Judgment and Decisions
Referral Report
* Contested Reports
#Top Report for the CY00B Board
##Top Report for the CY01C Board
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPP recommended denial indicating the applicant received three
referral reports due to her basic lack in job knowledge. She has provided
numerous letters of appreciation and examples of accomplishments completed
during those reporting periods. However, performance reports are completed
by the rater based on the rater’s required performance standards, not what
the ratee believes should be the standard. The applicant received feedback
based on her struggle in the technical career field. It was no surprise to
the applicant that she was not meeting her evaluator’s standards. Further,
the information is not inaccurate because the ratee disagrees with the
information.
An evaluation report is considered to represent the rating chain’s best
judgment at the time it is rendered. They contend that once a report is
accepted for file, only strong evidence to the contrary warrants correction
or removal from an individual’s record. The applicant has not
substantiated the contested report was not rendered in good faith by all
evaluators based on knowledge available at the time.
Air Force policy is that an evaluation report is accurate as written when
it becomes a matter of record. To effectively challenge an OPR, it is
necessary to hear from all the members of the rating chain - not only for
support, but also for clarification/explanation. The applicant has failed
to provide any information/support from the rating chain on the contested
OPRs. In the absence of information from evaluators, official
substantiation of error or injustice from the Inspector General (IG) or
Military Equal Opportunity is appropriate, but not provided in this case.
The evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 27 January 2006, a copy of the Air Force evaluation was forwarded to the
applicant for review and response within 30 days (Exhibit D).
In a letter dated 30 January 2006, counsel for the applicant requested the
applicant’s case be temporarily withdrawn (Exhibit E).
On 16 February 2006, the applicant’s case was temporarily withdrawn in
accordance with her request (Exhibit F).
In a letter dated 28 February 2006, the applicant requested her case be
reopened. The applicant indicated she gave a 100 percent effort to meet
all of her superiors’ performance standards, and made significant
contributions to the Air Force and its mission. The applicant does,
however, state that the rater’s overall assessments, for the performance
reports in question, are not consistent with the adverse performance factor
markings.
The one-line negative assessments in each of the performance reports are
not substantiated, particularly in comparison to the statements contained
throughout the remainder of the reports. The impact on mission
accomplishment statements and her significant achievements are
insurmountable, which describe an officer who does possess knowledge
required to perform duties effectively; strives to improve knowledge; makes
timely and accurate decisions; emphasizes logic in decision making; retains
composure in stressful situations; recognizes opportunities; and requires
minimal supervision.
The applicant does not contend the reports were not rendered in good faith,
but does object to the unsubstantiated adverse comments and marks.
The applicant requests the board to also consider the attached current
performance review from the Gerald Champion Regional Medical Center,
Alamogordo, New Mexico. She desires to serve in the Air Force again.
Applicant’s response, with attachments, is at Exhibit G.
_________________________________________________________________
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. The applicant contends the contested
reports are an inaccurate assessment of her performance. We note the
applicant has not submitted any supporting documentation from the rating
chain of the contested reports indicating their assessment at that time was
inaccurate and she has failed to provide evidence showing the reports were
not an accurate assessment as rendered. The applicant provided letters of
support from individuals outside of the rating chain which are duly noted;
however, these individuals were not tasked with assessing the applicant’s
duty performance during the contested time periods. The Board further
notes the applicant received performance feedback worksheets, which
indicates there was room for improvement in job knowledge. Further, in
view of our recommendation regarding the applicant’s request that the OPRs
be declared void and removed from her records and that she receive SSB
consideration, her remaining requests for restoration of all pay,
allowances, entitlements, rights and privileges affected by the referred
OPRs are moot issues. Therefore, we agree with the opinion and
recommendation of the Air Force and adopt its rationale as the basis for
our conclusion that the applicant has not been the victim of an error or
injustice. Therefore, in the absence of evidence to the contrary, we find
no compelling basis to recommend granting the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the
existence of an error or an injustice; the application was denied without a
personal appearance; and 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 2005-
03376 in Executive Session on 23 May 2006, under the provisions of AFI 36-
2603:
Ms. Cathlynn B. Sparks, Panel Chair
Mr. Jay H. Jordan, Member
Ms. Josephine L. Davis, Member
The following documentary evidence pertaining to this application was
considered:
Exhibit A. DD Form 149, dated 8 October 2005, w/atch.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, AFPC/DPPP, 17 January 2006.
Exhibit D. Letter, SAF/MRBR, dated 27 January 2006, w/atch.
Exhibit E. Letter, Counsel, dated 30 January 2006.
Exhibit F. Letter, AFBCMR, dated 16 February 2006.
Exhibit G. Letter, Counsel, dated 28 February 2006, w/atchs.
CATHLYNN B. SPARKS
Panel Chair
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