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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 a referral OPR for 
committing adultery with a female lieutenant and an 
inappropriate relationship with his deputy squadron commander’s 
wife; however, the other individuals involved in the incidents 
did not receive any adverse actions. The LOR and the referral 
OPR are now negatively impacting his career. 

 

He appealed the LOR, which has now been removed from his record. 
Also, in Jan 10, he petitioned the Evaluation Reports Appeals 
Board (ERAB) to void the contested report; however, his request 
was denied. 

 

In support of his appeal, the applicant provides a personal 
statement summarizing the events surrounding the LOR and the 
contested report; a copy of his rebuttal package and additional 
supporting documentation. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant received a LOR and a referral OPR for adultery 
with a female lieutenant and for an inappropriate relationship 
with the deputy squadron commanders’ wife. He submitted a 
rebuttal to both the LOR and the referral OPR to further explain 
his relationship with the deputy squadron commander’s wife. 

 

The applicant’s OPR profile of the last ten reports follows: 


 

 PERIOD ENDING OVERALL EVALUATION 

 

 02 Dec 01 Meet Standards (MS) 

 02 Dec 02 MS 

 27 Jun 03 Training Report (TR) 

 02 Dec 03 MS 

 02 Dec 04 MS 

 02 Dec 05 MS 

 02 Dec 06 MS 

 #02 Dec 07 MS 

 31 May 08 MS 

 22 May 09 MS 

 

# Contested Report 

 

________________________________________________________________ 

 

THE AIR FORCE EVALUATION: 

 

AFPC/DPSIDEP recommends denial, stating, in part, the applicant 
has not shown a clear error or injustice. The applicant 
contends that the other individuals involved in the incidents 
received no adverse action; however, while he provides several 
character references, he offers no evidence that even suggests, 
much less substantiate that the others involved in the incidents 
received no adverse actions. 

 

Furthermore, whether or not there were inconsistencies with the 
types of punishment each individual may, or may not have 
received, the OPR is still accurate. The applicant did in fact 
receive a LOR for the incidents mentioned in the contested 
report. 

 

The complete AFPC/DPSIDEP evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

The applicant notes that he did file an appeal through the ERAB. 
Further, in regard to “evidence” that the others named in his 
appeal did not receive any adverse action, he’s not sure what 
evidence he is suppose to produce. He states that it is a fact 
that they did not face any adverse actions, so that in itself is 
evidence. Beyond that, if these individuals had any adverse 
actions against them, AFPC did not produce them. 

 

The applicant’s complete response, with attachments, is at 
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. We took notice 
of the applicant's complete submission, including his response 
to the Air Force evaluation, 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 that the applicant has not been 
the victim of an error or injustice. While the applicant 
believes that the other individuals involved in the incidents 
did not receive any adverse actions, he has not provided 
sufficient evidence to establish that this is so or if so, that 
it makes him the victim of an error or injustice. Therefore, 
based on the available evidence, we conclude the applicant has 
not been the victim of an error or injustice. In view of the 
above and in the absence of evidence to the contrary, we find no 
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 the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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-2010-01556 in Executive Session on 26 January 2011, 
under the provisions of AFI 36-2603: 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 7 Apr 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIDEP, dated 1 Jun 10. 

 Exhibit D. Letter, SAF/MRBR, dated 2 Jul 10. 

 Exhibit E. Letter, Applicant, dated 28 Jul 10. 

 

 

 

 

 Panel Chair 



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