RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00789
		INDEX CODE:  114.01
		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His Officer Performance Report (OPR) rendered for the period 4 Sep 96 through 3 Sep 97, be declared void and removed from his records.

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APPLICANT CONTENDS THAT:

Comments in the OPR are derogatory in nature and imply/refer to behavior not meeting minimum acceptable standards of personal or professional conduct, character, judgment, or integrity.  His rater's comment regarding his short notice departure/reassignment to ARPC implies or suggests some improper action on his part.  Further the rater's comment that "He should focus on the interest of the wing and not being so obvious about his disappointment when things do not appear to go his way", is derogatory in nature and implies that his conduct, character, and/or judgment failed to meet acceptable standards.  The additional rater's comment "Increased levels of responsibility not warranted at this time" is clearly the type of non-specific/vague comment regarding behavior of performance, without supporting explanation that is prohibited by AFI 36-2406.  The additional rater's comment constitutes an implied promotion statement and is therefore, prohibited.  The OPR should have been treated as a referral report and he should have been given a chance to comment on it before it became a matter of record.  

In support of his request, applicant provided a copy of the contested OPR.  His complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

Data extracted from the personnel data system reflects that the applicant was appointed a first lieutenant, Reserve of the Air Force on 10 Mar 80.  He was progressively promoted to the grade of major, having assumed that grade effective and with a date of rank of 10 Mar 94.  Applicant is currently a Non-Participating Reservist assigned to the Individual Ready Reserve.

The following is a resume of his recent OPR profile:

		PERIOD ENDING		OVERALL EVALUATION

			03 Sep 93			MEET STANDARDS
			03 Sep 94				(MS)
			03 Sep 95				(MS)
			03 Sep 96				(MS)
			03 Sep 97*				(MS)

* - Contested Report

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AIR FORCE EVALUATION:

ARPC/DPB reviewed applicant's request and recommends denial.  DPB states that the OPR does not meet the requirements for a referral report in effect when the report was rendered.  It was not considered referral in nature when rendered, so the procedures for notification and rebuttal were not required.  The DPB evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that AFI 36-2402 was clearly designed to prevent raters from avoiding referral report procedures by rating the performance factors of the OPR as "meets standards" while including contradictory, derogatory remarks in the narrative portions of the OPR.  The rater's comment is clearly derogatory in nature and suggests that this conduct, character, and judgment failed to meet minimum standards.  The additional rater's comment is an unambiguous, albeit vague, statement that his behavior was incompatible with standards of personal or professional conduct, character, or integrity.

The applicant's complete submission is 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 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 error or injustice.  After reviewing the available evidence of record, we are inclined to believe that the OPR in question should have been deemed referral in nature and that the applicant should have been afforded the opportunity to provide comments on his own behalf.  In this respect, the OPR in question contains comments that in our opinion refer to behavior that is incompatible with standards of professional conduct, character, or integrity.  Accordingly we believe that reasonable doubt exists as to the appropriateness of the decision not to refer the OPR to the applicant.  It is our opinion that because of the magnitude of the effect the OPR has on the applicant's career, any doubt in this matter should be resolved in his favor.  Accordingly, we recommend that his records 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 4 September 1996 through 3 September 1997, be declared void and removed from his records.

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The following members of the Board considered Docket Number 02-00789 in Executive Session on 27 Jun 02, 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 1 Mar 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, ARPC/DPB, dated 12 Apr 02.
     Exhibit D.  Letter, SAF/MRBR, dated 26 Apr 02.
     Exhibit E.  Letter, Applicant, dated 6 May 02.

                                  

AFBCMR 02-00789

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 4 September 1996 through 3 September 1997, be, and hereby is, declared void and removed from his records.