RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01781
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
Her officer performance report (OPR) rendered for the period
22 March 2009 31 January 2010 be removed.
________________________________________________________________
APPLICANT CONTENDS THAT:
The raters overall assessment states that she was counseled
multiple times during the rating period for issues related to
integrity and professional behavior. However, the alleged
issues for which the counseling was administered were unfounded
and unsubstantiated. Further, she contends that none of the
alleged issues which caused her OPR to be downgraded were
actually done. This was merely an illegal tactic to get rid of
her from the unit. There was only one letter of counseling and
no other supporting documentation of the alleged issues which
resulted in the referral report.
In her personal statement, the applicant notes the OPR was
flagged at the personnel section because there was no
justification for the rating and further explained the
circumstances which led to the incidents causing her OPR to be
referred. She was trying to do her job, look out for her
people, and received letters of commendation and awards during
the period in question.
In support of her appeal, the applicant provides a personal
statement; several character reference letters; email
correspondence with the Reserve Promotion section; Evaluation
Report and Appeals Board (ERAB) package and decision; copies of
the citation for the Air Force Achievement Award; signed
reports closing on the same date, her NGB Form 22, Report of
Separation and Record of Service, issued in conjunction with her
20 Jan 11 separation from the Air Nation Guard (ANG), and other
supporting documents.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant, while serving in the grade of major, received a
referral report for the period of 22 Mar 09 through 31 Jan 10.
The applicant separated from the ANG on 20 Jan 11, and was
transferred to the Air Force Reserve, effective 21 Jan 11.
The applicant filed an appeal to the ERAB; however; on
22 Feb 11, her appeal was denied.
The applicants OPR profile of the last ten reports follows:
PERIOD ENDING OVERALL EVALUATION
21 Mar 02 Meet Standards (MS)
21 Mar 03 MS
21 Mar 04 MS
21 Mar 05 MS
21 Mar 06 MS
21 Mar 07 MS
21 Mar 08 MS
21 Mar 09 MS
#31 Jan 10 Referral
20 Jan 11 MS
# Contested Report
The remaining relevant facts pertaining to this application,
extracted from the applicants military records, are contained
in the letter prepared by the appropriate office of the Air
Force.
________________________________________________________________
THE AIR FORCE EVALUATION:
ARPC/DPB recommends denial, stating, in part, the applicant has
provided no evidence to indicate the report of her military
performance during the rating period was inaccurate.
A basic assumption is that evaluation reports are accurate and
objective when written. A report evaluates performance during a
specific period and reflects performance, conduct, and potential
at that time, in that position. Ratings are not erroneous
because they are inconsistent with other ratings received: The
applicant did receive non-referral OPRs from the same
organization in the two years prior to the one closing
31 Jan 10.
Strong evidence must be provided by the applicant to overcome a
report's presumed validity. The applicant has not provided any
information or documentation that her military performance was
anything other than as portrayed in the OPR. She has provided
information that she was awarded outstanding ratings in her
civilian position; however, one does not translate into the
other. Both jobs, while important, have different requirements
based on the missions of the organizations in question.
The complete ARPC/DPB evaluation, with attachments, is at
Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
In her response the applicant notes that compliance with AFI 36-
2406 is mandatory. She indicates that the contested OPR did not
comply with specific requirements in the AFI. Her units
failure to comply with requirements resulted in total
miscommunication and the down-rating of the contested report.
Further the negative statements in the report lack detail which
also does not comply with AFI 36-2406. The applicant also
points out other areas she believes the contested report fails
to comply with the governing directive and provides her
explanation/defense of the allegations contained in the
contested report.
The applicants complete response, with attachment, 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 note that
the applicant initially indicated that the allegations referred
to in the contested report were not accurate. After having the
opportunity to review the Air Force Reserve evaluation and its
opinion, the applicant now asserts that the contested report was
in violation of the governing instruction due to the lack of
required feedback, non-specific/vague comments about her
behavior and whether or not the staff judge advocate (SJA) or
the military personnel flight (MPF) was consulted. We
considered the applicants complete submission in judging the
merits of her case; however, other than her own assertions we
found no evidence to substantiate her claim that the alleged
incidents which led to the contested report were unfounded. In
addition, we note that, based on the governing instructions,
while feedback is important and required, the lack of feedback,
in and of itself, does not invalidate a report. Further, while
the applicant may disagree, we are not convinced that the
applicant has provided sufficient evidence to substantiate that
policies were violated, or that the comments included in the
contested report were inappropriate, or unjust. Accordingly, we
did not find the evidence sufficient to substantiate that the
contested report was an inaccurate assessment of her performance
and therefore, 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-2011-01781 in Executive Session on 5 January 2012,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Apr 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPB, dated 11 Jul 11, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 29 Jul 11.
Exhibit E. Letter, Applicant, undated, w/atch.
Chair
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