RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBERS: BC-2010-01776 

COUNSEL: NONE 

 HEARING DESIRED: YES 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His Officer Performance Report (OPR) rendered for the period 
16 June 2004 through 15 June 2005 be removed from his record. In 
addition, his corrected record be considered by a Special 
Selection Board (SSB) for the Calendar Year 2009C (CY09C) Major 
Central Selection Board (CSB). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

The contested OPR contained an erroneous comment, specifically, 
that he received an Unfavorable Information File (UIF), which he 
did not. 

 

In support of his appeal, the applicant provides copies of the 
contested OPR, a career brief, a memorandum for evaluation 
appeals, award documentation, and an application for 
correction/removal of evaluation reports. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

According to the Military Personnel Data System, the applicant is 
currently serving on active duty in the grade of captain with an 
effective date and date of rank of 16 August 2005. He has a 
Total Active Federal Military Service Date of 21 July 1989 and a 
Total Active Federal Commissioned Service Date of 16 August 2001. 

 

On 19 May 2005, the applicant received a Letter of Reprimand 
(LOR) for violating Articles 78 and 134, Uniform Code of Military 
Justice. The applicant acknowledged receipt of the LOR and 
provided a response to the LOR on 22 May 2005. On 11 October 
2005, the applicant received notification that his commander was 
referring his OPR for the period 16 June 2004 through 15 June 
2005. The rater stated in his assessment “Stellar performance 
marred by failure to report subordinate’s alcohol misconduct in 
AOR – received LOR/UIF.” The applicant acknowledged receipt of 


the notification and submitted a written response on 16 October 
2005. On 16 December 2005, the applicant’s senior rater decided 
to place the LOR in the applicant’s Officer Selection Record 
(OSR). On 29 February 2008, the applicant’s unit commander 
stated that a UIF was never established and requested the LOR be 
removed from the OSR. 

 

On 5 March 2010, the applicant filed an appeal through the 
Evaluation Reports Appeal Board (ERAB) requesting his referral 
report be voided because of the UIF comment. The ERAB partially 
approved his request by removing the word “UIF” from the report 
instead of having the report voided. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIMC recommends denial. DPSMIC states that in accordance 
with Air Force Instruction (AFI) 36-2903, paragraph 3.4, “LORs 
are mandatory for file in the UIF for officer personnel” meaning, 
the LOR automatically creates a UIF for an officer. Although the 
LOR memorandum itself was done correctly, the applicant states he 
did not receive a UIF. Nonetheless, a UIF should have been 
established per the AFI. 

 

The complete DSIMC evaluation is at Exhibit C. 

 

AFPC/DPSID recommends denial. DPSID states it is clear the LOR 
was given to the applicant and the ERAB took appropriate action 
to correct the OPR. Therefore, there is no clear error or 
injustice. 

 

The complete DPSID evaluation is at Exhibit D. 

 

AFPC/DPSOO recommends denial. DPSOO states their evaluation of 
this appeal requires them to rely on the opinions of other Air 
Force experts. Based on DPSID’s recommendation to deny the 
applicants request to remove the contested OPR, they recommend 
denial for SSB consideration. 

 

The complete 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 6 August 2010 for review and response 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 an error or an injustice. We note 
the administrative correction made to the contested OPR by the 
ERAB, which removed the verbiage that referenced the applicant 
receiving a UIF. However, after reviewing the applicant's 
complete submission in judging the merits of the case, we find no 
evidence that persuades us to remove the contested report and to 
grant SSB consideration. Therefore, we agree with the opinions 
and recommendations of the Air Force offices of primary 
responsibility and adopt their rationale as the basis for our 
conclusion the applicant has not been the victim of an error or 
injustice. Therefore, 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 issues 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-2010-01776 in Executive Session on 1 February 2011, 
under the provisions of AFI 36-2603: 

 

 , Chair 

 , Member 

 , Member 

 


The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2010-01776: 

 

Exhibit A. DD Form 149, dated 8 May 10, w/atchs. 

Exhibit B. Applicant's Master Personnel Records. 

Exhibit C. Letter, AFPC/DPSIMC, dated 2 Jun 10. 

Exhibit D. Letter, AFPC/DPSID, dated 5 Jul 10. 

Exhibit E. Letter, AFPC/DPSOO, dated 19 Jul 10. 

Exhibit F. Letter, SAF/MRBR, dated 6 Aug 10. 

 

 

 

 

 Chair