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AF | BCMR | CY2008 | BC-2008-00644
Original file (BC-2008-00644.DOC) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-00644
            INDEX CODE:  111.02

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Performance Report (OPR) rendered during the period  1 Apr
04 through 31 Mar 05 be declared void and removed from his records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The nonjudicial punishment under Article 15 he  received  was  removed
from his Officer Selection  Record  (OSR)  in  Sep  07,  but  not  the
contested referral report.  He is confident he has  learned  from  his
mistake and believes he is an outstanding officer and will continue to
make vital contributions to the Air Force and the nation.  It  is  his
sincere desire to progress in his career as an intelligence officer in
the Air Force.

In support of his appeal, the applicant provides supportive statements
regarding the removal of the Article 15 from his OSR.

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

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates
the applicant is currently serving on active  duty  in  the  grade  of
captain, with a date of rank (DOR) of 11 Jul  03.   His  Total  Active
Federal Military Service Date (TAFMSD) is 17 Feb 95.

Applicant's OPR profile follows:

      PERIOD ENDING    EVALUATION

      19 Jul 00  Training Report
      19 Jul 01  Meets Standards
      24 Jun 02  Meets Standards
      31 Mar 03  Meets Standards
      31 Mar 04  Meets Standards
  *   31 Mar 05                     Does Not Meet Standards
      11 Sep 05  Meets Standards
      11 Sep 06  Meets Standards
      19 Jun 07  Meets Standards

* Contested Report.

The remaining  relevant  facts  pertaining  to  this  application  are
contained in the letters prepared by the appropriate  offices  of  the
Air Force.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDEP recommends denial indicating they found no procedural  or
administrative errors or injustices concerning  the  report  and  they
believe it was an accurate assessment of his performance at  the  time
it was rendered.

A complete copy of the AFPC/DPSIDEP evaluation is at Exhibit C.

AFPC/JA recommends denial indicating that based on  the  documentation
in the case file, it appears the  Article  15  was  removed  from  the
applicant’s OSR because his command believed he had been rehabilitated
and should no longer have the document in his OSR.  However, they have
verified the Article  15  was  not  set  aside  or  otherwise  removed
permanently from his master personnel records.

According to AFPC/JA, maintaining an accurate permanent record of  the
applicant’s misconduct in the OPR is fair  and  appropriate,  and  the
fact that his current command has elected to  remove  the  Article  15
from his OSR does  not  render  retention  of  the  contested  OPR  an
injustice or otherwise “shock the conscience.”  In their opinion,  the
applicant has failed to establish an  error  or  injustice  warranting
relief.

A complete copy of the AFPC/JA evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  11
Apr 08 for review and response within 30 days.  As of  this  date,  no
response has been received by this office (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.   The  applicant's  complete
submission was thoroughly  reviewed  and  his  contentions  were  duly
noted.  However, we do not find  the  applicant’s  assertions  or  the
documentation  submitted  in  support  of  his   appeal   sufficiently
persuasive to override the rationale provided by the Air Force offices
of primary responsibility (OPRs).   No  evidence  has  been  presented
which convinces us the contested report was an inaccurate depiction of
the applicant’s performance at the time it  was  rendered.   While  we
note the Article 15 referenced in the  report  was  removed  from  the
applicant’s OSR, we find no evidence it was set aside or removed  from
his master personnel records.  In  view  of  the  above,  and  in  the
absence of evidence to the contrary, we agree with the  recommendation
of the OPRs and adopt their rationale as the basis  for  our  decision
the applicant has failed to sustain his burden of establishing that he
has suffered either an error or an injustice.  Accordingly, we find no
compelling basis to recommend  granting  the  relief  sought  in  this
application.

4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of   the   issues   involved.
Therefore, the request for a hearing 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 AFBCMR Docket Number BC-
2008-00644 in Executive Session on 14 May 08, under the provisions  of
AFI 36-2603:

      Mr. James W. Russell III, Panel Chair
      Ms. Patricia R. Collins, Member
      Mr. Steven A. Cantrell, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Feb 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSIDEP, dated 21 Mar 08.
    Exhibit D.  Letter, AFPC/JA, dated 3 Apr 08.
    Exhibit E.  Letter, SAF/MRBR, dated 11 Apr 08.




                                   JAMES W. RUSSELL III
                                   Panel Chair

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