RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00748
				INDEX CODE 111.01  111.05
		COUNSEL:  None

		HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

The Officer Performance Report (OPR) for the period 3 May 1999 through 13 December 1999 be declared void and removed from his records.

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APPLICANT CONTENDS THAT:

The statement “Surgical case review discovered tendency of excessive excisions, requiring additional surgical supervision” in section VI, Rater Overall Assessment, line 8, was part of a quality assurance review that was ultimately found to be without merit by his commander, Air Force Medical Operations Agency.  This information is protected by quality assurance regulations.

In support of the applicant’s appeal, he submits a copy of the contested OPR and a letter from the Chief, Professional Staff Actions Air Force Medical Operations Agency Office of the Surgeon General.

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

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STATEMENT OF FACTS:

The applicant entered active duty on 19 Apr 89 and was progressively promoted to the grade of major.  He was honorable discharged on 31 Jul 00 and transferred to the Reserve.  He served 11 years, 3 months and 12 days total active service.

The applicant has not appealed the contested report under the provisions of AFI 36-2401, Correcting Officer and Enlisted Evaluation Reports.

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AIR FORCE EVALUATION:

AFPC/DPPPE recommended denial to void this report.  The applicant has provided a memorandum from AFMOA/SGZC informing applicant that the Commander, Air Force Medical Operations Agency, reviewed his appeal of the 60 MDW/CC restrictions of his clinical privileges.  The Medical Practice Review Board overturned the restriction as an adverse action and directed that his privileges form be changed to appropriately reflect his scope of practice.  The applicant has identified an error in that his OPR closing   13 Dec 99 contains an inappropriate comment.  DPPPE recommends that the removal of the inappropriate comment in Section VI, Line 8.  The remainder of the comments on the OPR remain valid.

The AFPC/DPPPE evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 5 Apr 02, for review and comment.  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.	Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant partial relief.  After carefully considering applicant's  contentions and the evidence of record, we believe the form of relief suggested by the HQ AFPC Chief, Evaluation Programs Branch, Directorate of Personnel Program Management is appropriate.  After thoroughly reviewing the documentation, we are persuaded that the contested report should be amended to remove the inappropriate comment in Section VI.  We considered the applicant's request to have the report voided, however, we believe that with the removal of the inappropriate statement the report is an accurate assessment of the applicant's performance.  Therefore, we recommend his record be corrected to the extent indicated below..

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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 Field Grade Officer Performance Report, AF Form 707A, rendered for the period 3 May 1999 to 13 December 1999 be amended in Section VI, Rater Overall Assessment, by removing the statement “Surgical case review discovered tendency of excessive excisions, requiring additional surgical supervision.”

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The following members of the Board considered Docket Number 02-00748 in Executive Session on 27 June 2002, 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 15 Feb 02, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPPE, dated 25 Mar 02.
	Exhibit D.	Letter, SAF/MRBR, dated 5 Apr 02.

                                   

AFBCMR 02-00748

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 Field Grade Officer Performance Report, AF Form 707A, rendered for the period 3 May 1999 to 13 December 1999 be amended in Section VI, Rater Overall Assessment, by removing the statement “Surgical case review discovered tendency of excessive excisions, requiring additional surgical supervision.”