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AF | BCMR | CY2013 | BC 2013 05006
Original file (BC 2013 05006.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-05006
		COUNSEL:  NONE
		HEARING DESIRED:  NO 

________________________________________________________________

APPLICANT REQUESTS THAT:

Her Officer Performance Report (OPR), rendered for the reporting 
period 14 Sep 05 through 13 Sep 06, be declared void and removed 
from her military personnel records.

________________________________________________________________

APPLICANT CONTENDS THAT:

The contested OPR contains derogatory comments and commendations 
that were added after she signed it and was sent to ARPC without 
her signature or knowledge.  Both the absence of her signature 
and derogatory comments that indicate “Meets Standards” make the 
document invalid.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Air National Guard 
(ANG) in the grade of major (O-4).

According to the contested report, there is no place for the 
applicant to sign acknowledging receipt of the report.

According to documentation provided by the applicant, on 20 Jun 
13, the applicant requested removal of the contested OPR to the 
Evaluation Reports Appeal Board (ERAB); however, her request was 
denied.

________________________________________________________________

AIR FORCE EVALUATION:

NGB/A1PP recommends the applicant petition the ERAB in 
accordance with AFI 36-2406, Officer and Enlisted Performance 
Evaluation Systems, paragraph 1.4.3.2.

The A1PP evaluation is at Exhibit C.
NGB/A1PS recommends the applicant petition the ERAB in 
accordance with AFI 36-2406, paragraph 1.4.3.2 indicating the 
applicant has not exhausted all administrative avenues.

The A1PS evaluation is at Exhibit D.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 24 Jan 14 for review and comment within 30 days.  
As of this date, no response has been received by this office 
(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 an error or injustice.  We note 
that the Air Force office of primary responsibility recommends 
denial stating that she has not exhausted all administrative 
remedies.  However, the applicant provided documentation dated 
20 Jun 13, that indicates she did request the contested report 
be removed by the ERAB; however, her request was denied.  Based 
on our review of the applicant's request and the available 
evidence of record, we are not persuaded that the contested 
report is not a true and accurate assessment of her performance 
and demonstrated potential during the specified time period or 
that the comments contained in the report were in error or 
contrary to the provisions of the governing instruction.  
Therefore, we conclude the applicant has failed to sustain her 
burden of proof that she has been the victim of an error or 
injustice.  In view of the above and in the absence of 
persuasive evidence to the contrary, we find no basis to 
recommend granting the relief sought in this application.

________________________________________________________________









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-2013-05006 in Executive Session on 30 Sep 14, under 
the provisions of AFI 36-2603:

	                       , Panel Chair
	                   , Member
	                   , Member 

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 25 Aug 13, w/atchs.
	Exhibit B.  Applicant's Available Master Personnel Records
	Exhibit C.  Letter, NGB/A1PP, dated 10 Jan 14.
	Exhibit D.  Letter, NGB/A1PS, dated 10 Jan 14.
	Exhibit E.  Letter, SAF/MRBR, dated 24 Jan 14.




                                   
                                   
                                  



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