RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-02321
INDEX CODE: 131.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The referral Officer Performance Reports (OPRs) rendered for the
periods 28 September 1999 through 27 September 2000 and 11 March 2002
through 10 March 2003 be declared void and removed from his records
prior to meeting the Fiscal Year (FY08) Line and Health Professions
Major Promotion Selection Board.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He has been discriminated against by the selection board regarding
being promoted to major due to these referral OPRs.
In support of the application, applicant submits a personal statement,
a letter to the promotion board, a statement from his doctor, an award
certificate, letters of appreciation from his State Senator and Air
Force Academy Admissions Office, and copies of his OPRs.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently in Reserve sanctuary in the grade of
captain with an effective date of 1 October 1999; he will remain on
the Reserve active status list (RASL) for up to three years to provide
opportunity for him to qualify for a Reserve retirement. While he
remains on the RASL, he will continue meeting promotion boards until
he qualifies for retirement or is promoted.
Applicant was considered and not selected for promotion to the grade
of major by the FY07 Selection Board.
The applicant did not file an appeal through the Evaluation Reports
Appeal Board (ERAB) under the provisions of AFI 36-2401, Correcting
Officer and Enlisted Evaluation Reports.
Applicant’s OPR profile since 1999, follows:
PERIOD ENDING EVALUATION OF POTENTIAL
27 Sep 99 Meets Standards (MS)
* 27 Sep 00 Referral
28 Sep 00 – 10 Mar 02 No Report
Required
* 10 Mar 03 Referral
05 Aug 04 MS
05 Aug 05 MS
05 Aug 06 MS
01 Feb 07 MS
* Contested Reports
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPB recommends denial and states that there is no legal reason to
remove the OERs. If the applicant chooses, he can request removal of
these referral OPRs through the AFBCMR process.
ARPC/DPB’s complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the evaluation and stated he feels he has been
discriminated against regarding being promoted to major based on a
disease (alcoholism) that he initially contacted [sic] while at pilot
training. Prior to recovery in 2003, he had two referral OPRs
indicating poor performance based on alcohol abuse. His last three
OPRs have been outstanding. He has been alcohol free for almost four
years.
His performance on his two referral OPRs was a result of alcohol
abuse. This disease affected his professional qualities and judgment.
Although he was advised to seek professional help, he was in denial
until October 2003. At that time, he started treatment with his
doctor. While at pilot training, he was expected to participate in
numerous drinking activities as part of the camaraderie. Each time he
passed a test or competed a test flight, he met with his instructor
and fellow students for drinks. Weekends and holidays were meant for
partying and drinking in order to make it through the following week
of instructions. Peer pressure by the instructors and students was
unbearable. He did not realize at the time what this drinking was
doing to him. He just wanted to fit in and graduate. He was in denial
until October 2003 when he began treatment. In fact, for the last two
years, his civilian job has been as a drug treatment counselor. He
currently works for the State of Alabama.
He has 18 years in the USAF. With the exception of a couple of years
of poor performance due to a disease he contacted [sic] in the
military, his record has been outstanding. He has accepted
responsibility for his actions and has taken corrective measures. His
commanders have confidence in his leadership and abilities as
reflected in his last three OPR’s. He assures the Board that his
future performance will reflect the professionalism and officership
worthy of the USAF. Please do not discriminate against him for having
a history of alcoholism that is almost fours years in remission.
Applicant's complete submission 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 an error or injustice warranting removal of the
referral OPRs. We took careful 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 its rationale as the basis for our conclusion
that the applicant has not been the victim of an error or injustice.
While the Board is sympathetic to the applicant’s situation, the
performance evaluation system is required to provide a true and
accurate assessment of an individual’s performance during the specific
period in question. By the applicant’s own admission, it appears the
contested performance reports are a true and accurate assessment of
his performance during the specified time period in which he was
affected by alcoholism. Therefore, in the absence of persuasive
evidence to the contrary, 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 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 AFBCMR Docket Number BC-
2007-02321 in Executive Session on 29 November 2007, under the
provisions of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Janet I. Hassan, Member
Mr. Mark J. Novitski, Member
The following documentary evidence pertaining to AFBCMR Docket Number
BC-2007-02321 was considered:
Exhibit A. DD Form 149, dated 9 Jul 07, w/atchs.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, ARPC/DPB, dated 24 Sep 07.
Exhibit D. Letter, SAF/MRBR, dated 12 Oct 07.
Exhibit E. Applicant's Response, dated 6 Nov 07
MICHAEL K. GALLOGLY
Panel Chair
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