RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-04282
            INDEX CODE:  111.05

            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her AF Forms 707, Officer Effectiveness  Reports,  (OERs)  be  corrected  to
reflect her performance ability.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She had been stalked since 1981, from  the  time  she  entered  the  Reserve
Officer Training Corps (ROTC), and believes the individual who  stalked  her
influenced her commander’s decision.

In support of the request, the applicant provides a copy  her  DD Form  214,
Certificate of Release or Discharge from Active Duty.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was commissioned a second lieutenant in the Regular Air  Force
on 10 Oct 81, and was promoted to the grade of first lieutenant.  On  9  Oct
85, she was honorably released from active duty for Expiration  of  Term  of
Service.  She served a total of four years of active service.

The applicant’s OER profile reflects the following:

      PERIOD ENDING    EVALUATION OF POTENTIAL

              9 Apr 82       1-X-1
              8 Nov 82       2-X-2
              8 May 83       2-2-X
The applicant’s OER profile continues:


              8 Nov 83       2-2-X
             28 Mar 84       3-3-X
             28 Sep 84       3-3-X
              9 May 85       1-1-1

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDEP recommends denial, partly based on  the  fact  the  applicant’s
request lacks supporting  documentation,  and  after  more  than  24  years,
believes it to  be  nearly  impossible  to  obtain  sufficient  evidence  to
support her case.

The applicant’s contentions are not clearly stated.   She  states  that  she
was stalked by someone, who influenced her commander’s decision  about  her.
She does  not  state  if  it  was  one  particular  commander,  or  all  her
commanders, but she is contesting all of her OERs.  She  does  not  identify
the purported stalker or provide any evidence to support her assertions.

The applicant states that she suffers from  Post-Traumatic  Stress  Disorder
(PTSD) due to the stalking, and that her untimely  request  is  due  to  not
realizing the connection between the stalking, her job, and the  OERs  until
it was brought to her attention at a job interview.

The Air Force policy is that an evaluation report  is  accurate  as  written
when it becomes a matter of record.  To effectively challenge an OER, it  is
necessary to hear from all the members of the rating  chain,  not  only  for
support, but also for clarification/explanation.  She has failed to  provide
any information or support from the rating chain of the contested OERs.   In
the absence of  information  from  evaluators,  official  substantiation  of
error  or  injustice  from  the  Inspector  General  (IG),  Military   Equal
Opportunity (MEO)  or  other  investigative  agency,  it  is  difficult  for
AFPC/DPSIDEP to substantiate her claim.

She has failed to provide any supporting documentation,  and  they  conclude
the  reports  were  accomplished  in  direct  accordance   with   applicable
regulations.

The application may also be dismissed on the  basis  of  untimeliness.   The
applicant has waited over 24-27 years to file and  took  no  action  on  the
claim before now.  As a result, the Air
Force no longer has documents on file, memories fade, and  this  complicates
the ability to determine the merits of her position.

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 24  Apr
09, for review and comment within 30 days.  As of  this  date,  no  response
has been received by this office (Exhibit D).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies provided by existing  law  or
regulations.

2.    The application was not timely filed; however, it is in  the  interest
of justice to excuse the failure to timely file.

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 applicant should be awarded the  requested  relief.   We  took
notice of the complete  submission  in  judging  the  merits  of  the  case;
however, we agree with the opinion  and  recommendation  of  the  Air  Force
office of primary responsibility and adopt its rationale as  the  basis  for
our conclusion the applicant has not been the  victim  of  an  error  or  an
injustice.  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(s) 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-
04282 in Executive Session on 11 Jun 09, under the  provisions  of  AFI  36-
2603:

                 Mr. Wayne R. Gracie, Panel Chair
                 Ms. Patricia R. Collins, Member
                 Mr. Kurt R. LaFrance, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 16 Nov 08, w/atch.
   Exhibit B.  Applicant’s Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPSIDEP, dated 14 Apr 09.
   Exhibit D.  Letter, SAF/MRBR, dated 24 Apr 09.




                                   WAYNE R. GRACIE
                                   Panel Chair