RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2009-00782
		INDEX CODE: 
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

1.  His Officer Performance Report (OPR) ending 30 September 2006 be declared void and removed from his records.

2.  His OPR ending 22 April 2007, be declared void and removed from his records. 

2.  His 2008 Promotion Recommendation Form (PRF) be declared void and removed from his records.

3.  He be considered by a Special Selection Board (SSB) for the Fiscal Year (FY09) Line and Health Professions Lieutenant Colonel (V0509A) Promotion Selection Board with back pay and allowances.

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APPLICANT CONTENDS THAT:

He was not provided training for his position or guidance on how to do his job.  He was given supervisory responsibilities for a master sergeant who was also new to the Active Guard Reserve (AGR) program.  There were other experienced personnel working in the assignments office he could have been paired with to provide more balance to the teams.  These events initially worked as a disadvantage to his team and delayed team development.  He was also denied information needed to do his job and was excluded from crucial meetings.  Consequently, he missed out on the context and insight into the officer assignment process.  

His 30 September 2006 OPR should be removed due to the fact it was not referred to him nor was it in compliance with the AFI. 

His 22 April 2007 OPR was a continuation of the same treatment he experienced in 2006.  There were no performance feedback discussions on the performance factors leading to the 2006 OPR.  There was no opportunity to alter his working environment or change the perception of his duty performance due to the short rating period.  The report contains a poorly-worded statement alluding to substandard performance without citing any specifics which would appear to be another violation of AFI 36-2406, Officer and Enlisted Evaluation Systems. 

His PRF was completed on time and turned in for the promotion board; however, his 2008 OPR was not; therefore, it was not included in his promotion selection folder.  The OPR was not completed until 4 September 2008 and is inexcusable.  This was done deliberately since nothing prevented his supervisor from completing the OPR on time for the promotion board.  Turning the report in after the promotion board placed him at a severe disadvantage during the FY09 Line and Health Professions Lieutenant Colonel (V0509A) Promotion Selection Board.

In support of his request, applicant provides a personal statement, copies of AF Forms 707A, Field Grade Officer Performance Report (MAJ-COL); AF Form 709, Promotion Recommendation and an excerpt from AFI 36-2406.

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

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STATEMENT OF FACTS:

Data extracted from the Military Personnel Data System reflects the applicant’s Total Active Federal Military Service Date (TAFMSD) as 16 October 1995.  He has been progressively promoted to the grade of major with a date of rank of 12 July 2002 and effective date of 9 January 2006.

An Evaluation Report Appeal Board (ERAB) was held in accordance with AFI 36-2401, Correcting Officer and Enlisted Evaluation Reports. The ERAB approved removal of the OPR closing 30 September 2006 and replaced the report with an AF IMT 77, Letter of Evaluation.  The removed OPR was referral in nature, but the proper referral procedures were not followed and the applicant did not have the opportunity to respond to the report.  The ERAB disapproved removing the OPR closing 22 April 2007 and the PRF prepared for the June 2008 promotion board.  The ERAB was not convinced these reports were unjust or wrong.

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AIR FORCE EVALUATION:

ARPC/DPB recommends denial.  DPB states in most cases, if an officer wants a PRF removed, a replacement PRF is provided.  The replacement provides a compare and contrast opportunity; what changes are to be made, what impact those changes could have had on an SSB outcome.  In this case, there is no replacement PRF. All OPRs are assumed accurate when rendered unless clear evidence exists to overrule that assumption.  The applicant must offer clear evidence the original evaluation is unjust or wrong.  The evidence must come from a credible source, someone with firsthand knowledge of the situation.  His statements are unsupported by outside sources and they are simply in disagreement with the rating chain’s evaluation of performance during that rating period.  Lack of feedback does not render an evaluation inaccurate or unjust.  The “poorly-worded statement" in the OPR is not referral in nature, nor is there any documentation to refute the statement.  He did not provide any documentation to support the removal of the OPR closing 22 April 2007; therefore it must be judged accurate as written.

While the report closing 22 April 2008 was late for file, it was not a required document for the board.  Air Force Reserve OPR's are required for file in the officer selection folder 90 days after the closeout date of the report.  The report closed 22 April 2008 and was required for file 22 July 2008, six weeks following the 9 June 2008 board.  It was not too late for the board and was not a required document for the board; therefore no error occurred.  He is entitled to an SSB based on the ERAB’s removal of the OPR closing 30 September 2006.  Additionally, a record missing a PRF has never been selected for promotion whether through a mandatory board or SSB process. 

The complete DPB evaluation, with attachments, is attached at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 2 June 2009 for review and comment within 30 days.  As of this date, this office has received no response (Exhibit C).

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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.  The applicant requests his OPR ending 22 April 2007 and his 2008 PRF be declared void and removed from his records.  After reviewing the evidence of record, we are not persuaded by the applicant's assertions the comments contained in the report or the PRF were in error or contrary to the provisions of the governing instruction or that he was rated unfairly.  Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt the rationale expressed as the basis for our conclusion the applicant has not been the victim of an error or injustice.  In the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.  With regard to the applicant's request to remove his OPR ending 30 September 2006, we note the ERAB approved his request and he is entitled to a SSB.  In view of this and the fact we do not find a basis for further correction of his record, we concur with the SSB as granted by the Air Force OPR.  

4.  We noted the applicant's contention with regard to the 2008 OPR; however, since the applicant requests no relief and the OPR was not a required document for the promotion board, no action is required by this Board.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of an 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 the application.

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The following members of the Board considered AFBCMR Docket Number BC-2009-00782 in Executive Session on 21 July 2009, under the provisions of AFI 36-2603:

			, Panel Chair
			, Member
			, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 February 2009 w/atchs.
    Exhibit B.  HQ AFPC/DPSOO, dated 29 May 2009, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 2 June 2009.




                                   
                                   Panel Chair




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