Search Decisions

Decision Text

AF | BCMR | CY2009 | BC-2008-01832
Original file (BC-2008-01832.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-01832
            INDEX CODE:  111.05

            COUNSEL:  NOT INDICATED

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The AF Form 707B, Company Grade Officer Performance Report,  (OPR)  rendered
for the period of 8 Jun 02 through 7 Jun 03, be removed from his records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The contested referral OPR was based on civilian charges for  which  he  was
never convicted  and  that  he  was  unfairly  punished  with  a  Letter  of
Reprimand (LOR).  He was punished for a driving under  the  influence  (DUI)
charge before the case was sent to trial.  He was under the  impression  the
referral OPR was removed from his records after the charges were dropped.

In support of his request, the applicant provides a cop of the referral  OPR
and a copy of his Florida Seven year Driving Record.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 9 Jun 03, the applicant received a referral OPR closing-out on 7 Jun  03,
with an overall rating of “5”.  He acknowledged receipt of the referral  OPR
and did not provide a written response.

His OPR profile reflects the following:

      PERIOD ENDING    EVALUATION OF POTENTIAL

             *7 Jun 03       5(Referral)
              7 Jun 04       5
             31 Oct 04       5
His OPR profile continues:

      PERIOD ENDING    EVALUATION OF POTENTIAL

             31 Oct 05       5
             25 May 07       5

* Contested report

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDEP recommends denial, partly based on the fact the  applicant  was
convicted of  reckless  driving  and  has  not  substantiated  the  DUI  and
trespassing charges were dropped.

He contends the referral OPR is based on a LOR that he received  for  a  DUI
in which was not convicted.  Unfortunately, the  referral  report  does  not
refer to the LOR or the DUI.  It only annotates  the  off-base  arrests  for
trespassing and reckless driving.  The only reference to the DUI is  in  the
referral letter, which can be corrected to match the  OPR  upon  receipt  of
verification the DUI charges were dropped.

The evidence the applicant provided does not show he was  acquitted  of  the
DUI charge.  It does show that on 8 Feb 03, his license  was  suspended  for
refusing a breath test and that he was subsequently convicted on 25  Aug  03
for reckless driving on 8 Feb 03.  Although,  the  DUI  information  is  not
substantiated, the information used in the OPR is accurate.

The complete DPSIDEP evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 18  Jul
08, for review and comment within 30 days.  As of  this  date,  no  response
has been received by this office.

_________________________________________________________________

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
applicant’s submission and the available evidence  of  record,  we  are  not
persuaded the contested report is in error or unjust.  The  Board  notes  he
has not provided sufficient evidence of a procedural  error  in  regards  to
the referral OPR.  Moreover, he has not provided evidence to  show  the  DUI
charges were in fact dismissed, or that he was not convicted of the  DUI  in
question.  Further, the contested OPR does not refer to the LOR or the  DUI.
 The only reference to the DUI is in  the  referral  letter,  which  may  be
administratively corrected  if  he  provides  conclusive  evidence  the  DUI
charges were dropped.  Therefore, in the absence of persuasive evidence  the
contested report is in error or unjust,  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 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-
01832 in Executive Session on 11 February 2009, under the provisions of  AFI
36-2603:

                 Mr. Michael J. Novel, Panel Chair
                 Mr. Elwood C. Lewis III, Member
                 Mr. Alan A. Blomgren, Member

The following  documentary  evidence  was  considered  under  AFBCMR  Docket
Number BC-2008-01832:

   Exhibit A.  DD Form 149, dated 5 May 08, w/atchs.
   Exhibit B.  Applicant’s Master Personnel Records.
   Exhibit C.  Memo, AFPC/DPSIDEP, dated 23 Jun 08.
   Exhibit D.  Letter, SAF/MRBR, dated 18 Jul 08.




                                   MICHAEL J. NOVEL
                                   Panel Chair

Similar Decisions

  • AF | BCMR | CY2008 | BC-2008-00763

    Original file (BC-2008-00763.doc) Auto-classification: Approved

    She was under investigation from on/about 20 Dec 05 to 20 Jan 06. In addition, it is the commander’s responsibility to determine promotion testing eligibility. Exhibit E. Letter, SAF/MRBR, dated 23 May 08.

  • AF | BCMR | CY2008 | BC-2008-01027

    Original file (BC-2008-01027.doc) Auto-classification: Denied

    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. _________________________________________________________________ APPLICANT CONTENDS THAT: The contested OPR was a direct result of a letter of reprimand (LOR) received for actions he denied. As of this...

  • AF | BCMR | CY2009 | BC-2008-00735

    Original file (BC-2008-00735.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-00735 INDEX CODES: 111.02, 126.03 131.09 COUNSEL: GARY R. MYERS HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: The Letters of Reprimand (LORs) dated 4 Oct 04, 23 Feb 05, and 18 Jul 05, be declared void and removed from her records. Her Referral Officer Performance Reports (OPRs) closing 27 Mar 05 and 15 Aug 05 be...

  • AF | BCMR | CY2010 | BC-2010-01556

    Original file (BC-2010-01556.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01556 COUNSEL: HEARING DESIRED: YES ________________________________________________________________ THE APPLICANT REQUESTS THAT: His officer performance report (OPR) rendered for the period from 3 Dec 06 – 2 Dec 07 be removed from his record. ________________________________________________________________ THE APPLICANT CONTENDS THAT: He received a Letter of Reprimand (LOR) and...

  • AF | BCMR | CY2010 | BC-2010-00919

    Original file (BC-2010-00919.txt) Auto-classification: Denied

    DPSIDEP states the applicant filed an appeal through the Evaluation Reports Appeal Board (ERAB) under the provisions of Air Force Instruction 36-2401, Correcting Officer and Enlisted Evaluation Reports. Should the Board grant the applicant’s request to remove the referral report, it could direct the promotion to staff sergeant be reinstated with a date of rank and effective date of 1 December 2009. We took notice of the applicant's complete submission in judging the merits of the case;...

  • AF | BCMR | CY2008 | BC-2007-03421

    Original file (BC-2007-03421.doc) Auto-classification: Approved

    In support of his request, the applicant submits a personal statement and copies of his contested OPR, statements from his accuser, and letters of support from his rating chain. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDEP recommends denying the applicant’s request to void his OPR closing 30 October 1997. DPSIDEP states the contested report contains accurate information that was known to the evaluators at the time the report was written.

  • AF | BCMR | CY2010 | BC-2010-00850

    Original file (BC-2010-00850.txt) Auto-classification: Denied

    After a thorough review of the evidence of record and the applicant’s submission, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our decision the applicant has failed to sustain his burden of proof of the existence of either an error or an injustice. Exhibit C. Letter, AFPC/DPSIDEP, dated 10 May 10. Exhibit D. Letter, SAF/MRBR, dated 28 May 10.

  • AF | BCMR | CY2011 | BC-2010-01591

    Original file (BC-2010-01591.doc) Auto-classification: Denied

    He received a Letter of Reprimand (LOR) for the incident. The complete APFC/DPSIDEP evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In support of his request the applicant submitted copies of emails between him and his rater regarding the LOR and referral OPR. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.

  • AF | BCMR | CY2008 | BC 2008 00538

    Original file (BC 2008 00538.txt) Auto-classification: Denied

    In support of her appeal, the applicant provides a statement from her counsel; and, copies of her LOR, response to the LOR, Referral OPR, request to the Evaluation Review Appeals Board (ERAB) to remove the contested report, work schedules, memorandum for record, Performance Feedback, character references, ERAB decision, Promotion Recommendation, Officer Performance Reports, Education/Training Report, award and decoration documents, and articles on Nursing. The complete DPSIDEP evaluation is...

  • AF | BCMR | CY2009 | BC-2009-00783

    Original file (BC-2009-00783.txt) Auto-classification: Denied

    In support of his appeal, the applicant provides copies of the contested Article 15, LOR, OPR, his IG complaint, and other documents associated with the matter under review. They indicate the applicant has not provided any information of error or injustice to warrant action by the Board. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that he was not the victim of whistleblower retaliation and the evidence presented did...