RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04984
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
His Officer Performance Report (OPR) rendered for the period
29 April 2011 through 17 August 2011 be voided from his
permanent records.
________________________________________________________________
APPLICANT CONTENDS THAT:
1. He was removed from command on 9 Aug 11 and was ordered to
report to AFSOC A5/8/9, for duty, on 10 Aug 11. He reported as
ordered and as of 10 Aug 11 his supervision under his former
supervisor was relinquished. His new supervisor signed a memo
stating that he started supervision on 10 Aug 11 and approved
his leave request for the period of 12 - 15 Aug 11. This leave
request and approval is evidence that he was assigned to work at
AFSOC and that he had a new supervisor. After his removal from
command, he had no interaction with his former supervisor.
2. On 10 August 11, during his initial in-brief, the AFSOC
Director of Plans and Programs stated that since he was removed
from command without cause, leadership's plan was to continue to
provide him an opportunity to make Colonel. He further stated
that he (the applicant) was still on the train. On 19 Aug 11,
he received the referral OPR. He addressed his concerns to the
AFSOC Director of Plans and Programs who stated that he misspoke
on 10 Aug 11, and that wing leadership's plan was to present him
with a referral OPR. He informed the AFSOC Director of Plans
and Programs that he had concerns about the days of supervision.
He was told not to worry about the days of supervision because
he and his former supervisor would make it work. Shortly
thereafter, he was reassigned back to the wing after his former
supervisor realized that he did not have enough days of
supervision for a report. The subsequent reassignment back to
the wing was for the sole purpose of issuing a referral report.
This is a clear integrity violation. Supervision under the
former supervisor did not occur after 9 Aug 11. He has a
previous OPR that closed out in Mar 2004, which has identical
circumstances as far as rating and supervision. In this
previous assignment from March 2003 thru March 2004, he was
assigned to the wing, but his supervisor was at AFSOC.
3. According to AFI 36-2406, Officer and Enlisted Evaluation
Systems, a commander must have 60 days of supervision to
generate this type of report. His former supervisor assumed
command of the Operations Group on 17 Jun 2011. His supervision
started on 17 Jun 2011, and he was relieved of command on
9 Aug 11, and reassigned to AFSOC with a new supervisor on
10 Aug 11, therefore there were 53 days of supervision. AFPC
initially informed the MPF that his former supervisor lacked
sufficient days of supervision based on the initial referral
OPR. In an attempt to rate him, his former supervisor changed
his duty title on the subsequent referral OPR. This change to
the document occurred after his initial rebuttal. However, he
did not change the duty description. The duty description is
identical to the initial referral OPR. The duty description is
for his previous assignment but the duty title is for his AFSOC
assignment. Furthermore, the OPR does not reflect any of his
accomplishments in his new job. The remarks pertain to his
previous assignment as squadron commander. This is
inconsistent, incorrect, and unjust.
4. During his initial feedback session with his former
supervisor, on 18 Jul 11, he was told that he was meeting all
expectations; however, he was under a microscope. When he asked
why, his former supervisor just stated you are. His feedback
form also stated that he needed to return the squadron to a
standard of excellence and that doing so would take time. His
former supervisor failed to list which standards the squadron
was failing to meet. After the feedback, he was left to wonder
what exactly were his leaderships concerns regarding his
squadron and him personally. There were 22 days between the
time he received feedback on 18 Jul 11 and his removal from
command on 9 Aug 11. He was not given an adequate amount of
time to make corrections. His former supervisor never once
indicated that his performance or handlings of matters were
inconsistent with Air Force values. On discipline matters, he
supported all of his decisions.
5. The AFSOC/CC commented on the referral OPR stating that he
is not culpable, but accountable. Although he agrees with the
comment that a commander is accountable for the actions of
his/her command, being accountable simply means having ones
actions objectively reviewed for conformity with the standards
expected of a commander. In this case, he consistently
demonstrated conformity with the high standards expected of one
in command. The OPR fails to link or highlight one thing that
he did or did not do to contribute to the accusations. The
comments are vague and not specific. Additionally, the OPR
fails to account for all the good decisions he made as a
commander. Here, the standard of not culpable, but accountable
has been terribly misapplied. If the standard of performance for
commanders is perfection, then every commander should be fired
for the missteps of subordinates. The standard of not culpable,
but accountable is a hollow logic without a true end or outcome.
Moreover, no specific incidents were ever cited for the basis of
this referral OPR and he was never counseled, admonished, or
reprimanded orally or in writing for any misconduct or
shortcomings. He was only told that he was being held
accountable although he was not culpable.
6. As a former commander, he accepts full responsibility and
accountability for any shortcomings of the squadron during his
tenure. But, none of those shortcomings merit a referral OPR.
He has served in the Air Force for over 18 years and has never
been accused or charged with any misconduct. The allegations in
question are vague and his former supervisor offers no
substantial or explicit examples of how he failed in his
responsibilities as a commander. By any objective standard, he
should not have been removed from command or issued a referral
report. Flying squadron commanders are normally judged by
combat performance, flying safety record, performance on
inspections, and personal conduct. The squadron excelled at all
performance criteria and he was never accused of any officer
misconduct. His removal from command is an affront to the core
value of integrity. Not only does this referral OPR cause him
great pain, it reflects poorly upon a period of great
satisfaction in his life. He treasures his experiences and the
hard work of everyone in his former squadron. He has not done
anything to warrant a referral OPR.
In support of his request, the applicant provides his personal
statement, copies of support documents, and documents extracted
from his military personnel record (MPR).
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving as a Regular Air Force
commissioned officer in the grade of Lieutenant Colonel (O-5).
The applicant filed an appeal through the Evaluation Reports
Appeals Board (ERAB) under the provisions of AFI 36-2401,
Correcting Officer and Enlisted Evaluation Reports, to request
the OPR be voided from his records. The ERAB considered the
request, however, they were not convinced the report was unjust
or wrong, and denied the requested relief.
The following is a resume of his last five OPR ratings
commencing with the most recent report closing on 30 June 2012.
PERIOD ENDING OVERALL EVALUATION
30 Jun 2012 Meets Standards (MS)
* 17 Aug 2011 Does Not Meet Standards
28 Apr 2011 MS
28 Apr 2010 MS
28 May 2009 MS
* - Contested Report
________________________________________________________________
AIR FORCE EVALUATION:
1. AFPC/DPSID recommends denial. DPSID states, the applicant
contends that his OPR with an inclusive period of 29 Apr 11
through 17 Aug 11 was unjustly rendered due to various
violations, by his rating chain, of the referral process in
accordance with (lAW) AFI 36-2406 guidance. Based on lack of
corroborating evidence provided by the applicant, they recommend
that the contested evaluation not be voided from his permanent
record.
2. The applicant contends that he was inappropriately held
accountable for events that occurred during his tenure. A
review of the contested OPR clearly shows that the rater did in
fact clearly detail the behavior that caused the report to be
referred. The specific referral comment Removed from command
as I lost confidence in his ability to effectively command his
squadron must be taken at face value in this case. The
applicant was in fact in this same unit during his prior
reporting period and in a position of authority on both
evaluations. Additionally, the applicant has in no way proven
in his appeal that his rater improperly held him accountable for
events that occurred during his tenure. In the absence of any
statements from the rating chain to either confirm or deny these
accusations, and to shed light on their view of these
allegations, it is not possible to successfully make these
assumptions. Based on the fact that these allegations have not
been confirmed by any independent investigative body, such as
the Inspector General (IG) or other appropriate investigative
body, they find these allegations made by the applicant to be
baseless and without any merit.
3. Regarding the applicants allegation that his rater failed
to accrue the minimum number of days (60) to render the referral
OPR, they have reviewed the OPR in question and have noted that
the rater recorded 62 days of supervision on the OPR. The test
here is for the applicant to prove that this number of days is
false. The applicant states that the rater did not assume group
command until 17 Jun 11. Nevertheless, the close-out date being
17 Aug 11 would still equate to 62 days of total supervision.
The applicant fails to understand that when he was removed from
command, he was still assigned as a member of his former
squadron with duties at AFSOC. In accordance with AFI 36-2406,
paragraph 3.2.5.4, commanders may deviate from the normal
(supervisory) rating chain when necessary to meet grade
requirements or to accommodate unique organizational structures
and situations where personnel are temporarily loaned or
matrixed to other activities outside the ratees assigned PAS.
In this case, it appears that this is exactly what transpired in
that the applicant was temporarily loaned to AFSOC on 10 Aug 11.
This is also corroborated by the letter dated 31 Oct 11, signed
by the AFSOC/CC that the permanent change of assignment (PCA)
action from the squadron to AFSOC was approved effective
17 Aug 11. This confirmed that the 62 days of accrued
supervision obtained by the rater is correct.
4. The applicant has not provided any substantiating evidence
to prove any of his assertions that the report was rendered
unfairly or unjustly, and has merely provided his view of events
as he believes them to be true. Air Force policy is that an
evaluation report is accurate as written when it becomes a
matter of record. Additionally, it is considered to represent
the rating chain's best judgment at the time it is rendered. To
effectively challenge an evaluation, it is necessary to hear
from all the members of the rating chain, not only for support,
but also for clarification/explanation. The applicant has
failed to provide any information/support from any rating
official on the contested evaluation. It is determined that the
report was accomplished in direct accordance with applicable Air
Force regulations. They contend that once a report is accepted
for file, only strong evidence to the contrary warrants
correction or removal from an individual's record. The burden
of proof is on the applicant. The applicant has not
substantiated that the contested OPR was not rendered in good
faith by all evaluators based on knowledge available at the
time.
The complete DPSID evaluation, with attachment, is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In his response, the applicant states that he disagrees with
AFPC/DPSID's assessment and evaluation. His case is about
integrity and injustice. The evaluation fails to address
either. His removal from command and the issuance of a referral
OPR violates the Air Force core value of integrity. The fact
remains that the WG/CC and OG/CC manipulated the assignment
management system to issue the referral. The mere fact that the
WG/CC signed a letter on 31 Oct 2011, a full 85 days after his
removal from command illustrates a commitment to manipulate the
system. His actions beg the question, why the letter was issued
85 days after the fact.
The evaluation also fails to point out the most important fact
of the memorandum signed by his current supervisor who stated
that supervision began on 10 Aug 11. This fact coupled with his
in-processing and all the associated documents provided to, but
ignored by, the evaluator shows that he neither had any duties
at the squadron, nor interaction with anyone in his prior chain
of command. Again, this is about integrity and injustice. The
applicant reiterates his contentions that during his tenure the
squadron excelled at all performance criteria, he took
disciplinary action when necessary and he held everyone
accountable.
The applicants complete response 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. After
reviewing all of the evidence provided, we are not persuaded the
contested OPR is inaccurate or that its contents violate
governing directives. We have noted the applicants contentions
concerning the contested report and his allegations that the OPR
violates the Air Force core value of integrity. However, while
the applicant may believe this is the case, there is nothing in
the evidence provided which would lead us to believe that the
OPR in question was prepared with any motivation on the part of
the evaluators other than to report their assessment of the
applicants performance. Other than his own assertions, we have
seen no evidence by the applicant that the evaluators abused
their discretionary authority, that the report is technically
flawed, or that the evaluators comments are based on
inappropriate considerations. Therefore, 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 In the absence of 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 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 this application
in Executive Session on 22 August 2013, under the provisions of
AFI 36-2603:
, Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR
Docket Number BC-2012-04984:
Exhibit A. DD Form 149, dated 20 Oct 2012, w/atchs.
Exhibit B. Applicants Master Personnel Record.
Exhibit C. Letter, AFPC/DPSID, dated 19 Nov 2012, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 14 Dec 2012.
Exhibit E. Letter, Applicant, dated 10 Jan 2013.
Chair
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