RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03883
            INDEX CODE:

      XXXXXXX    COUNSEL:  AMERICAN LEGION

      XXXXXXX    HEARING DESIRED: YES


MANDATORY CASE COMPLETION DATE:  24 JUNE 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Performance Report  (OPR)  for  the  period  6  Dec  96
through 1 Jul 97 be expunged from his records.

___________________________________________________________________

APPLICANT CONTENDS THAT:

The OPR contains a false statement.  In the section provided on the
back  of  the  AF  Form  707A  for  documenting  either  the   date
performance feedback was accomplished or  the  reason  it  was  not
accomplished,  the  rater  falsely  stated  that  he   accomplished
performance  feedback.   The  rater  indicated   he   conducted   a
performance feedback session on a date the applicant was not at his
Reserve unit (18 Apr 97).

His rater made a false statement on his OPR, even though he had the
opportunity to truthfully state in the designated area  of  Section
VI of the AF Form 707A his reason for not accomplishing performance
feedback, but chose not to state otherwise.

In support of his appeal, applicant provided a personal  statement;
a copy of his AF Form 707A, closing 1 Jul  97;  his  AF  Form  526,
ANG/USAFR Point Credit Summary, for the period  2  Jun  96  through
1 Jun 97, and a letter dated 22 Nov 05, from  Chief,  Congressional
Inquiry Division, substantiating that his AF Form 526 was correct.

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

___________________________________________________________________

STATEMENT OF FACTS:

Based on available  records,  applicant  was  commissioned  in  the
Reserve of the Air Force as a second lieutenant on 2 Jun 97.  He is
currently serving in the grade of major, having  been  promoted  to
that grade, effective 8 Mar 90.  Applicant was  reassigned  to  the
Nonaffiliated Reserve Section (NARS), effective 1 Apr 99.

Applicant's OPR profile for the last ten reporting periods follows:



      PERIOD ENDING    OVERALL EVALUATION

      05 Dec 90  Meets Standards (MS)
      05 Dec 91  MS
      05 Dec 92  MS
      05 Dec 93  MS
      05 Dec 94  MS
      05 Dec 95  MS
      05 Dec 96  MS
#     01 Jul 97  MS
      01 Jul 98  MS
      31 Mar 99  MS

# Contested report
___________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPB  reviewed  this  application  and  recommended  denial,
stating, in part, AFR 36-10, Officer Evaluation System, 1  Aug  98,
does not require in-person (face-to-face) feedback  sessions.   The
possibility exists that feedback was conducted during  a  telephone
conversation between the rater and the ratee,  or  conducted  while
the ratee was not in a paid duty status.  Feedback is given when it
is convenient for both the ratee and the rater.

In the Reserve community (part-time military status), feedback  may
easily  occur  during  non-duty  time.   Additionally,  an  Officer
Performance Report (OPR) is considered accurate at the time  it  is
written, unless substantial proof is presented  to  contradict  the
report.  The applicant has not presented any proof that the OPR  is
inaccurate or contains false statements.  He has  simply  shown  he
was not paid for any participation on that date.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 3 Feb 06 for review and comment within  30  days.   As  of  this
date, no response has been received by this office (Exhibit D).

___________________________________________________________________

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 error or injustice.  We took notice of
the applicant's complete submission in judging the  merits  of  the
case.  The applicant contends that the officer  performance  report
closing 1 Jul 97 contains a false statement because it  contains  a
date documenting feedback that he contends  was  not  accomplished.
However, we found no evidence which would lead us to  believe  that
the feedback did not occur or that the  contested  report  was  not
completed in accordance with the governing instruction  and  policy
in effect at the time.  Officer Performance Reports are  considered
accurate at the time they are written, unless substantial proof  is
presented to contradict the  report.   The  appropriate  Air  Force
Reserve office has addressed the issue presented by  the  applicant
and we are  in  agreement  with  its  opinion  and  recommendation.
Therefore, we adopt the rationale expressed as the  basis  for  our
decision that the applicant has failed to  sustain  his  burden  of
having suffered either an error or injustice.  In  the  absence  of
persuasive evidence to the contrary, we find no compelling basis to
recommend granting the relief sought in this

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  issue   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-2005-03883 in Executive Session on  18  April  2006,  under  the
provisions of AFI 36-2603:

      Mr. John B. Hennessey, Panel Chair
      Ms. LeLoy W. Cottrell, Member
      Ms. Cathlynn B. Sparks, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 Dec 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ ARPC/DPB, dated 18 Jan 06.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Feb 06.




                                   JOHN B. HENNESSEY
                                   Panel Chair