Order RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-00212
		INDEX CODE:  114.01
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Officer Performance Report (OPR), AF Form 707B, rendered for the period 7 April 1992 through 17 November 1992 be permanently removed from his official personnel records.

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APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal is at Exhibit A.

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STATEMENT OF FACTS:

The applicant was appointed a second lieutenant, Reserve of the Air Force, on 18 October 1993 and was voluntarily ordered to extended active duty on 15 February 1994.  He has progressively been promoted to the grade of captain, effective and with a date of rank of 13 August 1991.

The applicant was considered and not selected for promotion to the grade of major by the CY98B, CY99A, CY00A and CY00B Major Selection Boards.

The applicant has received eleven (11) OPRs since he was promoted to captain, all of which reflect “Meets Standards.”

The relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter prepared by the appropriate office of the Air Force.  Accordingly, there is no need to recite these facts in this Record of Proceedings.  

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AIR FORCE EVALUATION:

The Performance Evaluation Section, AFPC/DPPPEP, reviewed the application and recommends denial.  DPPPEP states that in the absence of documentation from the evaluators or the official findings from the Inspector General or the Social Actions offices, DPPPEP cannot presume the rater deliberately weakened the report because the applicant may have confronted him with discrimination.  Other than his own testimony, the applicant has not provided any official documentation to support his allegation.  Therefore we recommend the applicant’s request be denied (Exhibit C).	

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and reiterated and elaborated on his initial contentions.  He states that as an act of reprisal by his rater for confronting him with an alleged act of discrimination, his OPR was weakly written (Exhibit E). 

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THE BOARD CONCLUDES THAT:

1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.	Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  After reviewing the documentation submitted, we are convinced that the OPR should be removed from the applicant's record.  The Board took note of the applicant’s assertion that his rater deliberately weakened his OPR as a punishment for confronting him with discrimination and, that the only two individuals who may have been able to corroborate his assertions are deceased.  However, the Board is of the opinion, after reviewing the applicant’s complete OPR records, that his prior and post performance leave the OPR in question suspect.  In view of this consideration we believe any doubt should be resolved in the applicant’s favor and that his OPR for period ending 17 November 1992 should be removed from his records.  Furthermore, to preclude any possibility of a promotion injustice to the applicant, his corrected record should be considered by Special Selection Boards (SSBs) for promotion to major by all the selection boards which reviewed the contested OPR.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that the Officer Performance Report, AF Form 707B, rendered for the period 7 April 1992 through 17 November 1992, be declared void and removed from his records.

It is further recommended that he be considered for promotion to the grade of major by a Special Selection Board for the CY98B Major Promotion Board and for any subsequent boards for which the Officer Performance Report closing 17 November 1992 was a matter of record.

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The following members of the Board considered this application in Executive Session on 4 April 2001, under the provisions of AFI 36-2603:

              Panel Chairman
              Member
              Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 17 Jan 01, w/atchs.
   Exhibit B.  Applicant’s Master Personnel Records
   Exhibit C.  Letter, AFPC/DPPPEP, dated 12 Feb 01.
   Exhibit D.  Letter, SAF/MIBR, dated 23 Feb 01.
   Exhibit E.  Applicant’s Response, dated 11 Mar 01, w/atchs.

                                   
                                   Panel Chair 

AFBCMR 01-00212

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to  APPLICANT, be corrected to show that the Officer Performance Report, AF Form 707B, rendered for the period 7 April 1992 through 17 November 1992, be, and hereby is, declared void and removed from his records.

	It is further directed that he be considered for promotion to the grade of major by a Special Selection Board for the CY98B Major Promotion Board and for any subsequent boards for which the Officer Performance Report closing 17 November 1992 was a matter of record.

                                                                             
                                                                              Director
                                                                              Air Force Review Boards Agency