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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