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AF | BCMR | CY2008 | BC-2007-02321
Original file (BC-2007-02321.doc) Auto-classification: Denied

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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