RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 02-00045

	 	COUNSEL:  NONE

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The Officer Performance Reports (OPRs) rendered for the periods 29 July 1996 through 1 April 1997 and 17 October 1998 through 16 September 1999, be declared void and removed from her records.

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THE APPLICANT CONTENDS THAT:

The ratings are inconsistent with her prior Army and civilian record.

The applicant states that the derogatory OPRs were in response to her filing an Inspector General complaint against nursing management.

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

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STATEMENT OF FACTS:

The applicant is currently serving in the Air Force Reserve in the grade of captain.

The applicant was considered and not selected for promotion to the grade of major by the Calendar Year 2000A Central Major Selection Board.

The applicant filed a similar appeal to the Evaluation Reports Appeal Board (ERAB); however, her request was returned without action, because a copy of her Unfavorable Information File (UIF) was not attached, nor was documentation authorizing early removal of the UIF.

Applicant’s performance profile follows:

          PERIOD ENDING                OVERALL EVALUATION

            30 Aug 89 (Army rpt)     1s on all factors, except
                                     motivates, challenges and
                                     develops subordinates -2
            31 Aug 89 - 28 Jul 96    No report required
          *  1 Apr 97 (Referral)     Meets Standards (MS) on all
                                     factors, except Prof Qual
            12 Jan 98                          MS
            16 Oct 98                          MS
          * 16 Sep 99 (Referral     MS on all factors except
                                    Leadership Skills, Prof Qual,
                                    Judgement & Decisions, and
                                    Communication Skills

* Contested Reports

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AIR FORCE EVALUATIONS:

AFPC/DPPPE recommends the application be denied.  AFPC/DPPPE states, in part, that while the applicant submits several letters of support from personnel outside the official rating chain, she did not submit statements from the evaluators who signed the report or from other individuals in the rating chain.  Furthermore, she did not prove the OPRs are reprisal for filing an IG complaint.

The AFPC/DPPPE evaluation is at Exhibit C.

AFPC/DPPPO concurs with the findings in the AFPC/DPPPE evaluation and have nothing further to add.  Since AFPC/DPPPE recommends disapproval, Special Selection Board (SSB) consideration is not warranted.  However, should the Board void the OPRs, she should receive SSB consideration for the CY00A board since both OPRs were on file for that board.

The AFPC/DPPPO evaluation, with attachments, is at Exhibit D.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

Complete copies of the Air Force evaluations were forwarded to the applicant on 22 February 2002 for review and response within 30 days.  However, as of this date, no response has been received by this office.

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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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After thoroughly reviewing the evidence of record and noting the applicant’s contentions, a majority of the Board is not persuaded that she has met her burden of proving that the contested reports are in error or unjust.  The applicant contends the ratings on the contested reports are inconsistent with her prior Army and civilian record; however, the contested reports were rendered based on her performance during the periods of each report - not prior or subsequent periods of performance.  Although the applicant contends the reports were rendered in reprisal for her filing an IG complaint against nursing management, she provides insufficient evidence to support this allegation.  Furthermore, the applicant has not provided supporting statements from any of her rating chain officials. . There being insufficient evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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RECOMMENDATION OF THE BOARD:

A majority of the Board finds insufficient evidence of error or injustice and recommends the application be denied.

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The following members of the Board considered Docket Number 02-00045 in Executive Session on 16 April 2002, under the provisions of AFI 36-2603:

A majority of the Board voted to deny the application.  XXXXXXXXXX voted to grant the relief request and submits a Minority Report that is at Exhibit F.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 31 Dec 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPE, dated 25 Jan 02.

    Exhibit D.  Letter, AFPC/DPPPO, dated 11 Feb 02.
	Exhibit E.  Letter, SAF/MRBR, dated 22 Feb 02.
	Exhibit F.  Minority Report.