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AF | BCMR | CY2006 | BC-2006-02809
Original file (BC-2006-02809.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                 DOCKET NUMBER:  BC-2006-02809
                                  INDEX CODE:  111.02
                                  COUNSEL:  NONE

                                  HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  18 MARCH 2008


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Performance Report (OPR) rendered  for  the  period  7 May  2001
through 6 May 2002 be removed from his records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The referral OPR was put in his file for record and signed by  his  reviewer
and additional rater prior to his receipt of the referral OPR.  He  was  not
allowed to rebut the referral OPR.

In support of his request, the applicant provides a copy of his OPR for  the
period 10 October 2000 to 6 May 2001 and a copy of his referral OPR for  the
period 7 May 2001 through 6 May 2002 and pertinent referral documents.   The
applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is a  Reserve  officer  currently  assigned  to  the  Inactive
Status List Reserve Section effective 28  February  2006  in  the  grade  of
captain with a date of rank and effective date of 5 May 1996.  The  Military
Personnel Data  System  indicates  he  received  three  Officer  Performance
Reports.  The following is a resume of the applicant's OPR profile:

      PERIOD ENDING               OVERALL EVALUATION

        06 May 03                 MEETS STANDARDS (MS)
       *06 May 02                 DOES NOT MEET STANDARDS
        06 May 01                          MS

* - Contested Report.

_________________________________________________________________


AIR FORCE EVALUATION:

ARPC/DPB recommends denial.  DPB states the referral  package  initiated  18
February 2003 was not included in his Officer Selection Record  (OSR).   The
applicant's letter dated 27 March 2003 acknowledges  the  referral  OPR  and
indicates his intention was to respond to the referral OPR by  initiating  a
request for an Evaluation Reports Appeal  Board  (ERAB).   ARPC/DPB  advises
there is no documentation to verify the applicant submitted an  ERAB  appeal
requesting correction or removal of the referral  OPR.   A  second  referral
package was initiated on 5 February 2004 and is included in his OSR and  was
processed in accordance with  the  appropriate  regulations.   The  ARPC/DPB
complete evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was  forwarded  to  the  applicant  on  6
October 2006 for review and comment within 30 days.  As of this  date,  this
office has received no response.

_________________________________________________________________

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.   After  reviewing  all  of  the  evidence
provided, we are  not  persuaded  that  the  contested  Officer  Performance
Report (OPR) is an inaccurate depiction of the applicant’s  performance  and
demonstrated potential for the  period  in  question.   We  have  noted  the
applicant’s contentions that  the  referral  OPR  was  put  in  his  Officer
Selection Record prior to his receipt and  rebuttal  of  the  referral  OPR.
However, while the applicant may believe this is the case, the  evidence  of
record reflects he acknowledged receipt  and  intended  to  respond  to  the
referral OPR.  In view of this, we find it difficult  to  believe  that  the
applicant never had the opportunity to rebut the contested OPR.   Therefore,
in the absence of persuasive evidence to the contrary, or showing  that  the
information in the report is based on factors other  than  his  performance,
we are unable  to  conclude  that  the  report  was  erroneous,  unjust,  or
technically flawed.  Accordingly, in the absence of such evidence,  we  find
no 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 probable 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  Docket  Number  BC-2006-02809
in Executive Session on 28 November 2006, under the provisions  of  AFI  36-
2603:

            Ms. Cathlynn B. Novel, Panel Chair
            Mr. Don H. Kendrick, Member
            Ms. Judith B. Oliva, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2006-
02809 was considered:

    Exhibit A.  DD Form 149, dated 7 Jan 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPB, dated 4 Oct 06, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 6 Oct 06.




                                   CATHLYNN B. NOVEL
                                   Panel Chair



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