RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-00554
INDEX CODE: 111.02
XXXXXXXXXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His Officer Performance Report (OPR) rendered for the period
15 August 1996 through 12 March 1998 be voided and removed from
his records.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
His referral OPR is an injustice because he completed all
requirements for mission certification; however, the report was
marked Does not meet standards in the job knowledge category.
In support of his request, the applicant submits copies of the
contested report and a certificate of completion for all mission
requirements.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The Military Personnel Data System (MilPDS) indicates the
applicant has a Total Active Federal Commissioned Service Date
of 27 June 1996. He was promoted to the grade of captain,
effective and with a date of rank of 21 July 2000. The
applicant received a referral OPR for the period 15 August 1996
through 12 March 1998 with ratings of meet standards in all
areas except Job Knowledge which was rated does not meet
standards.
On 28 March 2007, the applicant was notified of his second
deferral for promotion to the grade of major. The notification
indicated that because he had been deferred for promotion twice,
he must be discharged in accordance with Title 10 United States
Code, Section 14505. On 1 October 2007, the applicant was
honorably discharged from all appointments in the United States
Air Force. The MilPDS indicates he has nine years of
satisfactory service.
The following is a resume of his OPR ratings commencing with the
report closing 12 March 1998:
PERIOD ENDING OVERALL EVALUATION
12 Mar 98 (2nd Lt) Contested Report
12 Mar 99 (1st Lt) MS
1 Feb 00 MS
2 Feb 4 Jun 03 No report required
4 Jun 04 (Capt non-EAD) MS
4 Jun 05 MS
4 Jun 06 MS
________________________________________________________________
_
AIR FORCE EVALUATION:
AFPC/DPSIDEP recommends denying the applicants request to void
the contested OPR. DPSIDEP states the report does not state the
applicant never met the requirements to earn his Operations
Mission Ready Certificate. The OPR indicates that he was
removed from ops duties due to inability to maintain proficiency
in assigned crew position. The certificate was issued in 1997
and the contested report did not close out until 1998 plenty
of time to be removed due to an inability to maintain
proficiency. If the report was an inaccurate representation of
his performance, the additional rater and/or senior rater would
have addressed the issue prior to the report becoming a matter
of record. DPSIDEP indicates they found no procedural or
administrative errors or injustices.
The DPSIDEP evaluation is at Exhibit C.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 11 April 2008, a copy of the 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. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. We took
notice of the applicant's complete submission in judging the
merits of the case; however, we agree with the opinion and
recommendation of the Air Force office of primary responsibility
and adopt their rationale as the basis for our conclusion that
the applicant has not been the victim of an error or injustice.
Therefore, in the absence of evidence showing the contested
report is an inaccurate depiction of his performance during the
rating period in question, we find 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 this application
in Executive Session on 11 June 2008, under the provisions of
AFI 36-2603:
XXXXXXXXXXXXXXXXX, Panel Chair
XXXXXXXXXXXXXXXXXXXX, Member
XXXXXXXXXXXXXXXXXX, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2008-00554:
Exhibit A. DD Form 149, dated 7 Feb 08, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDEP, dated 21 Mar 08.
Exhibit D. Letter, SAF/MRBR, dated 11 Apr 08.
XXXXXXXXXXXXXXXXXXXX
Panel Chair
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