Search Decisions

Decision Text

AF | BCMR | CY2007 | BC-2007-00881
Original file (BC-2007-00881.DOC) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00881
            INDEX CODE:  111.01
      XXXXXXX    COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  23 SEPTEMBER 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Officer Performance Reports (OPRs) closing out on 30  Apr  93,  30
Apr 96 and 20 Jan 98 be declared void and removed from his records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The contested reports are unjust  because  they  contain  comments  in
reference to race and family activities.

In support of his  request,  the  applicant  provided  copies  of  the
contested reports.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was commissioned a second lieutenant in the Regular  Air
Force on 7 February 1992 and was progressively promoted to  the  grade
of captain.  He is assigned in Los Angles AFB, CA as the Chief,  Space
Logistics Branch.

The following is a resume of the applicant’s OPR profile:

                   PERIOD ENDINGS            OVERALL EVALUATION


        3 Aug 06                MEETS STANDARDS (MS)

                      3 Aug 05                        MS
                      3 Aug 04                        MS
                      8 Sep 03                        MS
                      3 Feb 03                        MS
                      3 Jun 02                        MS
                      3 Jun 01                        MS
                     30 Sep 00                        MS
                     11 May 00                        MS
                      1 Jul 99                        MS
                      1 Jul 98                        MS
                    *20 Jan 98                        MS
                     20 Jan 97                        MS
                    *30 Apr 96                        MS
                     30 Apr 95                        MS
                     30 Apr 94                        MS
                    *30 Apr 93                        MS

* - Contested Reports

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPEP recommends denial. DPPPEP states the AFI 36-2402 does  not
prohibit  evaluators  from  commenting  on  involvement  in   cultural
activities or additional  duties  but  cautions  against  the  use  of
specific   references   to   the   individual's   ethnic   background.
Participation in the activities mentioned in the bullet statements  is
not limited to people of a specific race, in fact any officer  can  be
asked to be an escort  for  any  distinguished  visitor  (DV)  without
regard to race.  As Air Force members, we all participate in  and  are
encouraged to be a committee member on cultural  heritage  committees.
The bullets in  his  OPR  do  not  address  his  race,  only  that  he
participated in officially  recognized  Air  Force  cultural  heritage
awareness committees and activities and was  assigned  the  additional
duty of being a DV escort  (heritage  committee  and  Tuskegee  Airman
reference).  AFI 36-2401, Correcting Officer and  Enlisted  Evaluation
Reports,  paragraph  1.4.16,  states  not  to  consider   or   include
information regarding  employment,  education,  or  volunteer  service
activities of the officer's family.  This paragraph only addresses the
activities of the family member  not  the  active  duty  member.   The
bullets concerning volunteer work with Big Brothers are authorized per
AFI 36-2402.  In all cases, the raters are in full compliance with the
governing AFI.

A complete copy of the DPPPEP evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded by stating the instructions on  the  OPR  form
clearly states to focus on what the officer did, how well  he  or  she
did it and how well the officer contributed to mission accomplishment.
 He does not understand how any comment outside  duty  performance  is
acceptable.  The form  does  not  ask  what  a  subordinate  does  for
cultural awareness or family activities.  In addition, job performance
bullets are key on  reports  for  future  leadership  assignments  and
promotion opportunities.  Irrelevant bullets not pertaining to mission
impact  stating  non-duty  activities  alluding  to  race  or   ethnic
background may not provide an impartial judgment of ones  records  for
promotion.  These comments are best  placed  in  quarterly  or  annual
award submissions.  The applicant states several  cultural  events  in
his reports contain either black or  African  American.   He  believes
this is considered leading the witness in our judicial.  The applicant
ask if the comments have the potential to create a  biased  reflection
for promotion or other leadership opportunities based on  alluding  to
ones racial background or non-duty related performance statements?  Do
the statements directly contradict with the AFI  in  relation  to  the
instructions given on the OPR and if so, shouldn't the AFI or the  OPR
form itself be  revised  to  reflect  the  same  information?   Should
comments outside the performance be placed on quarterly award packages
where they belong and not on the OPR?  Finally, the applicant asks  if
anyone would want comments on their  evaluation  alluding  to  martial
status, sex, age, race or income.

His complete response, with attachments, is at Exhibit E.

_________________________________________________________________

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 the evidence  of
record, the Board is not persuaded that the contested  reports  should
be declared void and removed from  his  records.   The  Board  is  not
persuaded by the applicant's assertions that the comments contained in
the report were  in  error  or  contrary  to  the  provisions  of  the
governing instruction  or  that  the  applicant  was  rated  unfairly.
Therefore, the Board agrees with the opinion and recommendation of the
Air Force and adopts its rationale as basis for their conclusion  that
the applicant has not been the victim of an error  or  injustice.   In
the absence of evidence to the contrary, the Board finds 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-
2007-00881 in Executive Session on 13 June 2007, under the  provisions
of AFI 36-2603:

                 Mr. Michael V. Barbino, Panel Chair
                 Ms. Renee M. Collier, Member
                 Ms. Barbara R. Murray, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 March 2007, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  AFPC/DPPEP Letter, dated 18 April 2007.
    Exhibit D.  Letter, SAF/MRBR, dated 27 April 2007.
    Exhibit E.  Letter, Applicant, dated 24 May 2007.





            MICHAEL V. BARBINO
            Panel Chair




Similar Decisions

  • AF | BCMR | CY2007 | BC-2007-00883

    Original file (BC-2007-00883.doc) Auto-classification: Denied

    Additionally, the applicant was given 10 days to comment on the report and informed he could appeal the report under AFI, 36- 2401, Correction of Airman and Officer Evaluation Reports. The applicant did not file an appeal under the provisions of AFI 36-2401, Correcting Officer and Enlisted Evaluation Reports. _________________________________________________________________ The following members of the Board considered Docket Number BC-2007-00883 in Executive Session on 19 July 2007, under...

  • AF | BCMR | CY2007 | BC-2006-03160

    Original file (BC-2006-03160.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-03160 INDEX CODE: 131.01, 107.00 COUNSEL: RAYMUNDO LUEVANOS HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 26 APR 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: 1. The ratee did not provide any supporting evidence to prove the report contains any inaccurate information. ...

  • AF | BCMR | CY1998 | 9800410

    Original file (9800410.pdf) Auto-classification: Approved

    AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE MATTER OF: DOCKET NUMBER: 98-00410 COUNSEL: NONE HEARING DESIRED: NO SEP 2 9 APPLICANT REOUESTS THAT: His Officer Performance Reports (OPRs), closing 13 August 1993 and 4 June 1994, be replaced with the reaccomplished reports provided; and, that he be considered for promotion to lieutenant colonel by a Special Selection Board (SSB) for the CY97C (21 Jul 97) Lieutenant Colonel Board (P0597C), with the corrected...

  • AF | BCMR | CY2001 | 0100318

    Original file (0100318.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 01-00318 INDEX NUMBER: 131.01 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: The close-out date of his 30 Jul 99 Officer Performance Report (OPR) be changed to 13 Jul 99; and that Sections VI (Rater Overall Assessment), line 9, and VII (Additional Rater Overall Assessment), line 5, on the OPR closing 6 March...

  • AF | BCMR | CY2007 | BC-2007-00777

    Original file (BC-2007-00777.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-00777 INDEX CODE: 111.05 COUNSEL: NONE HEARING DESIRED: YES MANDATORY COMPLETION DATE: 14 OCTOBER 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: His Enlisted Performance Report (EPR) for the period 30 Jul 2001 thru 29 Jul 2002 be amended or removed from his records. DPPPEP states the applicant did not file an appeal under the...

  • CG | BCMR | OER and or Failure of Selection | 2007-121

    Original file (2007-121.pdf) Auto-classification: Denied

    Officer did not evaluate others during reporting period. In Block 10, the reporting officer did not recommend the applicant for promotion, operational assignments, or positions of increased responsibility, and instead wrote, “His leadership and professional skills are poor.” The reviewer authenticated the OER without comment. The reporting officer declared that the disputed OER was based on the applicant’s performance as measured against the OER standards expected of all Coast Guard...

  • AF | BCMR | CY2005 | BC-2004-01510-3

    Original file (BC-2004-01510-3.doc) Auto-classification: Approved

    __________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: Pursuant to the Board’s request, AFPC/DPPPE reevaluated the applicant’s case based on the newly submitted evidence. Counsel states that there is no way the 120 day requirement to do a report was not met and states that the contested OPR should be expunged and the applicant considered for promotion by SSB. Therefore, the Board majority recommends the applicant’s records be corrected as...

  • AF | BCMR | CY2001 | 0101191

    Original file (0101191.doc) Auto-classification: Denied

    In support of his request, applicant submits a personal statement, a copy of the contested OPR and reaccomplished OPR, a copy of the contested PRF and revised PRF, statements of support from his rating chain and Management Level Review (MLR) President, the Evaluation Reports Appeal Board (ERAB) decision and additional documents associated with the issues cited in his contentions (Exhibit A). _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE...

  • AF | BCMR | CY2007 | BC-2007-00890

    Original file (BC-2007-00890.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-00890 INDEX CODE: 111.02 xxxxxxxxxxxxxxx COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 23 SEPTEMBER 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: His Officer Performance Report (OPR) rendered for the period 28 April 2003 through 1 February 2004 be removed from his records. The DPPPEP complete evaluation is at...

  • AF | BCMR | CY2010 | BC-2010-04654

    Original file (BC-2010-04654.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04654 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Officer Performance Report (OPR) with a closeout date of 28 May 01 be removed from his records. The applicant provides letters of support from his rater and additional rater; however, he has not provided a statement from the reviewer. The DPSID...