RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                 DOCKET NUMBER:  BC-2007-01444
                                  INDEX CODE:  111.02
  XXXXXXXXXXXXXXXX                COUNSEL:  NONE

                                  HEARING DESIRED:  NO
_________________________________________________________________

APPLICANT REQUESTS THAT:

His USAF Weapons School (USAFWS) Training report  (TR)  for  the  period  10
January 2000 through 13 May 2000 be removed from his record.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The USAFWS applied  inconsistent  evaluation  criteria,  which  led  to  the
removal of personnel who demonstrated more capability than  those  who  were
allowed to continue in  the  program.   As  a  result  of  the  inconsistent
criteria used, he was removed from training, having  a  negative  impact  on
his career and his subsequent non-selection for promotion to  the  grade  of
lieutenant colonel.  Removal of the contested TR will boost his chances  for
promotion.

In support of his request, the applicant submits copies of an Air Form  102,
Inspector General Personal and Fraud, Waste & Abuse Complaint  Registration;
a background  paper  detailing  the  alleged  inconsistencies;  a  statement
signed by all but one of his classmates alleging  the  inconsistencies;  and
an additional statement from one classmate that later  became  part  of  the
USAFWS staff, stating that the  following  class  changed  their  assessment
criteria due  to  the  inconsistent  standards  that  were  applied  in  the
previous class.

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

_________________________________________________________________

STATEMENT OF FACTS:

The  Military  Personnel  Database  (MilPDS)  indicates  the  applicant   is
currently serving on active in the grade of major with a date of rank  of  1
March 2003.  He has a Total Active  Federal  Military  Service  Date  and  a
Total Active Federal Commissioned Service Date of 13 January 1993.

On 20 April 2000, the applicant filed an AF Form  102  alleging  the  USAFWS
Division Commander used his position to  discriminate  against  students  by
applying different standards  to  different  students  attending  the  space
division course.  On 16 August  2000,  the  57th  Wing  Commander  found  no
evidence  of  discrimination  or  different  standards  being   applied   to
different students.

The following is a resume of the applicant’s performance ratings:

      PERIOD ENDING                     OVERALL EVALUATION

       9 Jan 00   (Captain)             Meets Standards (MS)
      13 May 00                         Training Report (TR)*
      14 Feb 01                         Training Report (TR)
      13 May 01                                    MS
      13 May 02                                    MS
      13 May 03 (Major)                            MS
      13 May 04                                    MS
      13 May 05                                    MS
      13 May 06                                    MS

The applicant has one non-selection to the grade of  major  by  the  P00506C
Major Central Selection Board.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPEP  recommends  denial  to  remove  the  applicant’s  13  May  2000
training report based on the fact the report is not incorrect or  unjust  as
written.   DPPPEP  states  the  applicant’s  appeal  was  forwarded  to  the
Evaluation Reports Appeal Board (ERAB) for review, where  they  reviewed  it
and requested additional documentation from the applicant.  Upon receipt  of
the additional documentation, the ERAB determined to recommend denial.   The
applicant contends the TR reflects negatively on an otherwise strong  record
and believes removal of the report will enhance his chances  for  promotion.
However, the report  is  not  erroneous  or  unfair  because  the  applicant
believes it contributed to a  non-selection  for  promotion  or  may  impact
future  promotion  or  career  opportunities.   The  applicant   failed   to
substantiate the  alleged  discrimination  and  that  there  were  different
standards being applied to different students.  He was eliminated  from  the
course after nine weeks and failed to prove  the  report  is  inaccurate  or
unjust.  Therefore, the report is accurate as written.   Furthermore,  there
was no due diligence on the part of the  applicant.   The  contested  report
has been in his records since 2000, yet he did not  take  corrective  action
until seven years after the fact, and  only  after  being  non-selected  for
promotion to lieutenant colonel.  The applicant was;  however,  selected  to
the rank of major in 2003, with the contested TR in his record.

The DPPPEP evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

It was decided that his IG complaint was  handled  as  a  Commander-Directed
Investigation (CDI); however, as a CDI there is no requirement that all  the
people he listed in his complaint be  contacted.   Therefore,  none  of  his
fellow classmates were contacted during the CDI to discuss  or  confirm  his
contentions.

_________________________________________________________________

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 an error or an injustice.  We note the  applicant’s  contention
that none of fellow classmates were contacted during the CDI to confirm  his
contentions; however, he has presented no evidence to  this  effect.   Since
the applicant chose to wait almost seven years to submit an appeal,  a  copy
of the CDI is  no  longer  available  since  such  investigations  are  only
required to be maintained for a period of two years.   While  the  applicant
has provided a  statement  from  an  instructor  confirming  procedures  for
training were revised subsequent to his class, he provides  no  evidence  to
prove that he was specifically discriminated against.  Furthermore, we  have
no reason to question the findings of the CDI that there was no evidence  of
discrimination without the evidence to the contrary.  Therefore, in view  of
the above and in the absence of evidence showing the contested report is  an
inaccurate depiction  of  the  applicant’s  performance  during  the  rating
period in question, we agree with the opinion and recommendation of the  Air
Force office of primary responsibility and  adopt  their  rationale  as  the
basis for our findings in this case.  Accordingly, the  applicant’s  request
to void his TR 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 this application in  Executive
Session on 21 August 2007, under the provisions of AFI 36-2603:

            Mr. Laurence M. Groner, Panel Chair
            Mr. Gregory A. Parker, Member
            Mr. Steven A. Cantrell, Member

The following documentary evidence for AFBCMR Docket Number
BC-2007-01444 was considered:

      Exhibit A.  DD Form 149, dated 2 May 07, w/atchs.
      Exhibit B.  Applicant’s Military Personnel Reocrds.
      Exhibit C.  Letter, AFPC/DPPPEP, dated 19 Jun 07.
      Exhibit D.  Letter, SAF/MRBR, dated 3 Jul 07.
      Exhibit E.  Applicant’s Rebuttal, dated 28 Jul 07, w/atch.




                                  LAURENCE M. GRONER
                                                   Panel Chair