RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-01070
		INDEX CODE:  111.01
		COUNSEL:  MR. FRED L. BAUER

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

The referral Officer Performance Report (OPR) closing 31 May 1999 and any mention of his relief of command be removed from his records and his corrected record be considered for promotion to the grade of lieutenant colonel. 
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APPLICANT CONTENDS THAT:

The referral OPR is inconsistent with his performance and the feedbacks he received.  He bore the brunt of the problems within the unit.  

In support of the applicant’s appeal, his counsel provided a 21-page brief with attachments, which consists of letters of support from the additional rater, and reviewer of the contested report, a letter by the applicant requesting removal of all negative references from the contested performance report.  

Counsel’s complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

The applicant is a Regular Air Force officer whose Total Active Federal Military Service Date is 7 February 1984.  He is currently serving in the grade of major having been promoted to that grade on 1 March 1998.  His decorations include the Meritorious Service Medal w/3 OLC, Air Force Commendation Medal w/4 OLC, Air Force Achievement Medal w/3 OLC and the Colonel Billy Jack Carter Award. Applicant’s OPR profile for the last 5 reporting period follows:

Period Ending                           Evaluation

26 May 1996			Meets Standards
24 April 1997			Meets Standards
24 April 1998			Meets Standards
*31 May 1999			Meets Standards
31 May 2000			Meets Standards
*Denotes Contested Report
Applicant did not file an appeal under the provisions of AFI 36-2401, Correcting Officer and Enlisted Evaluation Reports.

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AIR FORCE EVALUATION:

The Promotion, Evaluation and Recognition Division, AFPC/DPPPE, reviewed this application and indicates that it is Air Force policy that an evaluation report is accurate as written when it becomes a matter of record.   Evaluators are welcomed to consider incidents of substandard performance and their significance when assessing performance and potential.  DPPPE states that the reviewer of the contested OPR stands by his decision that removing the applicant from command was appropriate (See Exhibit C).
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Counsel reviewed the Air Force evaluation and provides a copy of the applicant’s personal statement rebutting the advisory opinion.

Counsel’s complete response is attached at 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 timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of probable injustice.  After reviewing the totality of the evidence provided, in particular, the supportive statements by the additional rater and review of the contested report, we believe the applicant’s request should be favorably considered.  Both evaluators indicate while they continue in their opinion that the applicant’s removal was in the best interest of the unit and the mission based on the information gathered in the Unit Climate Assessment, they have subsequently become privy to information which indicates that he was subjected to extreme efforts to undermine his endeavors and he was unfairly blamed for the totality of the unit’s problems.  On the basis of this recently-obtained information, these officers believe the contested report is excessively harsh and that the applicant’s career should not be jeopardized by its continued presence in his records.  After reviewing all the evidence, we accept their assessments of the issues raised in this case and are of the opinion that the report should be removed from his records.  So strong is our belief in this regard that we further believe any reference to the applicant’s removal from command which may exist in his records should also be removed.  It is unfortunate that the applicant’s duty history will, for the remainder of his career, be marred by the absence of a viable report for this period.  Should the applicant be able to secure comments by some or all of the evaluators to replace their assessments currently on the report; or, a reaccomplished report we would be willing to consider a request for further relief with respect to contested report.  The applicant should be aware, however, that the submission of such material would not guarantee the approval of his request(s).  Any decision we might make would be based on our assessment of the evidence provided.

4.  Since the applicant is scheduled for promotion consideration to the grade of lieutenant colonel In the Promotion Zone (IPZ) by the board scheduled to convene on 5 November 2001, action by this Board on the applicant’s request for promotion consideration is not required.

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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 all documents and references to his removal as the unit commander, 99th Ground Combat Training Flight (ACC), Indian Springs Auxiliary Field, Nevada, including, but not limited to, the Field Grade Officer Performance Report, AF Form 707A, rendered for the period 25 April 1998 to 31 May 1999 and all attachments thereto, be and hereby are, declared void and removed from his records.  

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The following members of the Board considered this application in Executive Session on 31 July 2001, under the provisions of AFI 36‑2603:

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

     Exhibit A.  DD Form 149, dated 26 March 2001 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPE, undated.
     Exhibit D.  Letter, SAF/MIBR, dated 15 June 2001.
     Exhibit E.  Letter, Applicant’s Counsel, dated 5 July 2001.

                                  Panel Chair

AFBCMR 01-01070

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., be corrected to show that all documents and references to his removal as the unit commander, 99th Ground Combat Training Flight (ACC), Indian Springs Auxiliary Field, Nevada, including, but not limited to, the Field Grade Officer Performance Report, AF Form 707A, rendered for the period 25 April 1998 to 31 May 1999 and all attachments thereto, be and hereby are, declared void and removed from his records. 

                                                                            Director
                                                                            Air Force Review Boards Agency