RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                 DOCKET NUMBER:  BC-2008-01027
                                  INDEX CODE:  111.02
  xxxxxxxxxxxxxxxxxxx        COUNSEL:  NONE
                                  HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His Officer Performance Report (OPR) rendered for the  period  1 Oct  01
through 1 Aug 02 be removed from his records.

2.  He be considered by a Special Selection  Board  (SSB)  with  an  amended
Promotion Recommendation Form (PRF) with the statement "previous quality  AF
career  marred  by  alcohol  related  incident  of  unprofessional  conduct"
removed and the overall promotion recommendation should  no  longer  be  "Do
Not Promote this Board."

_________________________________________________________________

APPLICANT CONTENDS THAT:

The contested OPR was a  direct  result  of  a  letter  of  reprimand  (LOR)
received for actions he denied.  He submitted a response to this LOR and  to
the referral OPR.  Recent  conversations  with  officers  who  were  in  the
squadron and involved  with  the  investigation  regarding  this  LOR,  have
supported his belief that the LOR as well as the referral OPR were a  result
of bias on a personal level towards him and not as a result of evidence.

In support of his request, the applicant provides a  personal  statement,  a
copy of the LOR with rebutttal, a copy of his contested  OPR  and  PRF,  and
copies of witness statements.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on active duty in the grade of  captain,
having assumed that grade effective and with a date of rank of  1  Jun  98.
He is currently assigned as a Training  Flight  Commander/RQ-4A  Instructor
Pilot.

The applicant has six nonselections to the grade of  major  by  the  CY03A,
CY03B, CY04A, CY05B, CY06B, and CY07A major central selection boards.



The following is a resume of the applicant's OPR profile since Sep 00:

            PERIOD ENDING         OVERALL EVALUATION

                 30 Sep 00   MEETS STANDARDS (MS)
                 30 Sep 01        MS
                 01 Aug 02        MS (Contested Report)
                 30 May 03        MS
                 30 May 04        MS
                 08 Mar 05        MS
                 19 Oct 05   Training Report
                 19 Oct 06        MS
                 19 Oct 07        MS

The applicant received an AF Form 709, Promotion  Recommendation  Form,  for
the CY03A Selection Board and received an overall recommendation of “Do  Not
Promote This Board.”  The applicant has an established  date  of  separation
(DOS) of 31 May 2014.

_________________________________________________________________

AIR FORCE EVALUATIONS:

AFPC/DPSIDEP recommends denial.  DPSIDEP states  that  their  responsibility
is not to determine whether the LOR was unjust or not but  to  determine  if
the contested OPR and PRF contained any procedural or administrative  error.
 Since the incident did take place and the applicant did in fact receive  an
LOR for unprofessional conduct during an alcohol related incident,  the  OPR
and PRF are accurate as written.  The complete  AFPC/DPSIDEP  evaluation  is
at Exhibit C.

AFPC/DPSI  recommends  denial.   DPSI  states  that  the  use  of  LORs   by
commanders and supervisors is  an  exercise  of  supervisory  authority  and
responsibility.  LORs are mandatory for file in the Unfavorable  Information
File (UIF) for commissioned officers.  DPSI has validated that  the  process
was done in accordance with governing directives.   The  complete  AFPC/DPSI
evaluation is at Exhibit E.

AFPC/DPSOO states that based on DPSIDEP and DPSI recommendation  of  denial,
they recommend  denial  for  SSB  consideration.   The  complete  AFPC/DPSOO
evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Copies of the Air Force evaluations were forwarded to the  applicant  on  27
Jun 08 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 error or injustice.  After a thorough review  of  the  evidence
of  record  and  the  applicant’s  submission,  to   include   the   witness
statements, we are not persuaded that the contested OPR  should  be  removed
from his record and that he should be considered by an SSB with  an  amended
PRF.  We note the applicant’s contention concerning that the  contested  OPR
was the result of bias and not as a result of evidence.  However, while  the
applicant may believe this is the case, there is  nothing  in  the  evidence
provided which would lead us to believe that the  OPR  in  question  is  the
result of unlawful command influence  or  that  it  was  prepared  with  any
motivation on the  part  of  the  evaluators  other  than  to  report  their
assessments of the applicant’s performance.  We note  that,  in  the  rating
process, it  is  the  responsibility  of  evaluators  to  assess  a  ratee’s
performance, honestly, and to the best of their  ability.   Other  than  his
own assertions,  we  have  seen  no  evidence  by  the  applicant  that  the
evaluators  abused  their  discretionary  authority,  that  the  report   is
technically  flawed,  or  that  the  evaluators'  comments  are   based   on
inappropriate considerations.   Therefore,  in  the  absence  of  persuasive
evidence to the contrary, 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 issue  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  Docket  Number  BC-2008-00959
in Executive Session on 16 Sep 08, under the provisions of AFI 36-2603:

                 Mr. Joseph D. Yount, Panel Chair
                 Mr. Grover L. Dunn, Member
                 Mr. Richard K. Hartley, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2008-
01027 was considered:

    Exhibit A.  DD Form 149, dated 19 Oct 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSIDEP, dated 8 Apr 08.
    Exhibit D.  Letter, AFPC/DPSI, dated 6 May 08.
    Exhibit E.  Letter, AFPC/DPSOO, dated 11 Jun 08.
    Exhibit F.  Letter, SAF/MRBR, dated 27 Jun 08.




                                  JOSEPH D. YOUNT
                                             Panel Chair