RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01783
            INDEX CODE:  111.05

            COUNSEL:  NONE

            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  17 DEC 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Officer Performance Reports (OPRs) rendered for the period 18 June  2001
through 17 June 2002 and 18 June 2002  through  17 June  2003,  be  declared
void and removed from his records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His performance during 18 June 2001 through 17 June 2002  does  not  reflect
what he could have done  for  the  Air  Force  had  he  not  been  ill  with
dysthymia,  a  chronic  form   of   depression,   which   directly   affects
concentration and judgment.  Before entering the Air Force he suffered  from
depression and was prescribed an antidepressant  medication.   The  medicine
helped greatly; however, he was informed that he could not enlist if he  was
still taking medication.  He conversed with  his  psychiatrist  and  stopped
taking the medication and was free of depression until 1996.  In  2001,  his
stress was building as he saw his promotion to captain  approaching  and  he
self-referred himself to the Behavioral Health Clinic.  However, it was  not
until 2002  that  he  began  taking  antidepressant  medication  again.   He
realizes he should have sought treatment sooner, but feared  it  would  have
resulted in separation from the Air Force.  In regard to his  17  June  2003
OPR, he feels the unimpressive tone was spillover of the strained  relations
between his supervisor, commander and himself  after  previous  events.   He
believes his prior experiences led his commander to expect poor  performance
and feel hesitant to give him a stronger evaluation.

In support of his request, the applicant provided a personal  statement  and
documents extracted from his military personnel record.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on extended active duty in the  grade  of
captain with a date of rank of 16 June 2001.

OPR profile since 2000 reflects the following:

      PERIOD ENDING    EVALUATION OF POTENTIAL

            17 Jun 00  Meets Standards (MS)
            17 Jun 01        (MS)
      *  17 Jun 02     Met Standards in all except
                             Leadership Skills and Judgment
                             & Decisions (Referral Report)
      *  17 Jun 03           (MS)
            17 Jun 04        (MS)
            17 Jun 05        (MS)
            17 Jun 06        (MS)

* Contested reports

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPEP recommends voiding the OPR closing 17 June 2002  and  denial  of
his request of void the  OPR  closing  17  June  2003.   DPPPEP  states  the
applicant did not file an appeal under the provisions of  AFI  36-2401.   He
provides a memo from his doctor stating  he  was  diagnosed  with  dsythymic
disorder   with   symptoms   of   decreased   activity,   effectiveness   of
productivity,  generalized  loss  of  interest  or  pleasure,  feelings   of
inadequacy, social withdrawal, feelings  of  guilt  or  brooding  about  the
past, fatigue, difficulties with concentration and  judgment,  and  feelings
of hopelessness and low self-esteem.  The memo  also  stated  the  applicant
began treatment in April 2002 and by November 2002 his  depression  appeared
to be well controlled.

It  is  evident  the  applicant’s  17  June  2002  OPR  did  not  take  into
consideration his medical condition based on the referral comments  and  the
report is unfair to the applicant.  However,  he  had  over  six  months  to
redeem himself for the following reporting  period.   Although,  the  report
was  written  by  the  same  evaluators,  the  applicant   was   no   longer
experiencing complications from his depression from 1  November  2002  until
the end of  the  reporting  period  (17  June  2003).   A  report  evaluates
performance during a specific period and reflects performance, conduct,  and
potential  at  that  time  in  the  position.    The   applicant   has   not
substantiated the 17 June 2003 OPR was not rendered in  good  faith  by  all
evaluators based on knowledge available at the time.

The DPPPEP complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states DPPPEP erroneously stated that he did not  file  an  appeal
under the provisions of Air  Force  Instruction  (AFI)  36-2401,  Correcting
Officer and Enlisted Evaluation Reports, 20 February 2004.  He has  attached
the 7 September 2005 letter from DPPPEP to his MPF showing that he did  file
such an appeal.

Applicant’s complete response, with attachment is at Exhibit E.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical Consultant  is  of  the  opinion  that  the  medical  facts
indicate that dysthymic disorder  affected  his  duty  performance  for  the
reporting period June 2001 to June 2002 but not for  the  subsequent  rating
period.  The June 2002 referral OPR is considered an accurate reflection  of
his duty  performance;  however,  it  is  only  in  the  applicant’s  second
response to  the  OPR  and  submitted  medical  letter  that  depression  is
mentioned as an explanation  for  the  decline  in  duty  performance.   The
details of the report  when  taken  in  context  with  his  medical  history
indicate an officer who maintained  a  good  attitude  and  made  an  honest
effort to perform at his best in the face of his illness.   The  applicant’s
first response to  the  referral  OPR  made  no  mention  of  problems  with
depression.  His commander would not be aware  of  mental  health  treatment
unless the applicant informed him, the commander had referred him, or  there
was cause for his providers to notify the  commander  (such  as  requirement
for medical evaluation board or threats of harm to self or others).

The OPR for the period June 2001 to June  2002  reflected  performance  that
was in part affected by his dysthymic  disorder.   While  it  is  considered
fair to the individual when there is a documented decrement  in  performance
that is explained by factors outside  the  control  of  the  individual,  to
document the presence of those factors in the records  of  performance,  the
applicant  failed  to   timely   notify   his   commander   of   extenuating
circumstances  at  the   time   of   referral   performance   report.    The
preponderance of the evidence does not show  that  duty  performance  during
the subsequent reporting period of June 2002  to  June  2003  was  adversely
affected by dysthymic disorder.

The BCMR Medical Consultant’s evaluation is at Exhibit F.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

On 31 May 07, the additional Air  Force  evaluation  was  forwarded  to  the
applicant 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.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of an error warranting partial relief.  In this regard, it is  our
opinion that the OPR rendered for the period 17 June 2001  through  17  June
2002 unfairly assesses his performance  and  demonstrated  potential  during
that period.  We agree with the Air Force OPR and  BCMR  Medical  Consultant
that it appears the applicant's evaluators were unaware of the  severity  of
his medical condition and the adverse impact it  had  on  his  judgment  and
ability to perform his duties during  that  time  period.   Accordingly,  we
concur with their recommendation  that  the  report  should  be  voided  and
removed from his records.  Therefore, we recommend the  applicant's  records
be corrected to the extent indicated below.

4.    Notwithstanding the above, we are  not  persuaded  by  his  assertions
that the OPR closing 17 June 2003 is  erroneous  or  unjust.   Documentation
provided by  the  applicant  reflects  that  once  the  applicant's  medical
condition was under control for the majority of the  reporting  period,  his
judgment was no longer impaired, and his condition was no  longer  a  factor
in his ability to adequately perform his assigned duties.  The  OPR  closing
17 June 2003 does not  contain  any  derogatory  comments  and  we  are  not
persuaded by his argument that  the  OPR  is  not  an  honest  and  accurate
depiction of his performance and  demonstrated  potential  during  the  time
period.  Therefore, we find no compelling basis to recommend removal of  the
17 June 2003 report from his records.

5.  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 issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to  APPLICANT,  be  corrected  to  show  that  the  Company  Grade   Officer
Performance Report, AF Form 707B,  rendered  for  the  period  18 June  2001
through 17 June 2002, be declared void and removed from his records.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2006-
01783 in Executive Session on 28 Aug 07, under the  provisions  of  AFI  36-
2603:

                 Mr. James W. Russell III, Panel Chair
                 Mr. Elwood C. Lewis III, Member
                 Mr. Mark J. Novitski, Member

All members  voted  to  correct  the  records.   The  following  documentary
evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Jun 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPEP, dated 8 AUG 06.
    Exhibit D.  Letter, SAF/MRBR, dated 25 Aug 06.
    Exhibit E.  Letter, Applicant, undated, w/atch.
    Exhibit F.  Letter, BCMR Medical Consultant, dated 23 May 07.
    Exhibit G.  Letter, SAF/MRBC, dated 31 May 07.




                       JAMES W. RUSSELL III
                                   Panel Chair




AFBCMR BC-2006-01783




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

            The pertinent military records of the Department of the Air
Force relating to XXX , be corrected to show that the Company Grade Officer
Performance Report, AF Form 707B, rendered for the period 18 June 2001
through 17 June 2002, be, and hereby is, declared void and removed from his
records.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency