RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02639
		INDEX CODE:  111.01

	XXXXXXXXXXXXXXX	COUNSEL:  NONE

	XXXXXXXXXXXXXXXXX	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The referral Officer Performance Report (OPR) rendered for the period 27 September 2002 through 4 May 2003 be declared void and removed from his records.

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APPLICANT CONTENDS THAT:

He disagrees with the results of the Commander Directed Investigation (CDI), of which he was the subject. The Area Defense Counsel was unable to acquire a copy of the CDI findings and therefore unable to effectively assist him since the CDI was the basis for the punishment.  He believes the incensed husband made damaging and false accusations against him and these accusations were taken more seriously than his statements.  Discarding the CDI report violates USAF System Notice F051 AF JAI, Commander Directed Inquiries, dated 2 June 2002, 67 FR 38487.

In support of his request, applicant provided AF Form 948, Application for Correction/Removal of Evaluation Reports, a copy of his Letter of Admonishment, documentation associated with his referral OPR and background material related to case.

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

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STATEMENT OF FACTS:

Information extracted from the Personnel Data System (PDS) indicates that the applicant is currently serving on active duty in the grade of captain, having been promoted to that grade on 5 June 2003.  His total active federal military service date (TAFMSD) is 5 July 1999.

The following is a resume of the applicant’s recent OPR profile:

	             PERIOD ENDINGS			OVERALL EVALUATION 

	23 Dec 03             MEETS STANDARDS (MS)
 4 May 03*            DOES NOT MS
26 Sep 02                      MS
	26 Sep 01                      MS

* - Referral Report

The applicant filed a similar request through the Evaluation Reports Appeal Board (ERAB) and his request was denied on 7 May 2004, due to lack of substantiating evidence.

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AIR FORCE EVALUATION:

AFPC/DPPPE recommends denial based on lack of substantiated evidence. DPPE states the applicant contends a CDI was initiated for an unprofessional relationship and resulted in a referral report.  He has attempted to gain a copy of the CDI, but to no avail.  The CDI is not relevant because the applicant admits the relationship took place.  Although the applicant feels the evaluators have over stressed an isolated incident or a short period of substandard performance or conduct, the evaluators are obliged to consider such incidents, their significance, and the frequency with which they occurred in assessing performance and potential.  Only the evaluators know how much an incident influenced the report.  If the evaluators feel the incident should not have influenced the report, the evaluators must provide specific information about the incident and why they now believe it was overly emphasized.  Furthermore, it is perfectly acceptable for the evaluators to consider an incident that occurred 18 months earlier, as long as it was not addressed or considered in a previous report (para 3.7.6).  In this case, it does not appear the incident was considered in the previous reporting period since it was not known at that time.

DPPE found no error in the report or the procedures in which it was processed.

A complete copy of the DPPPE evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 15 Oct 2004 for review and response.  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 injustice.  It appears the applicant may have been involved in an relationship with a married civilian employee. Applicant contends he was under the impression the woman was getting a divorce and once he knew this wasn’t true, he no longer had any contact with her. The woman’s husband believed the applicant’s relationship with his wife was sexual in nature. The evidence before the Board does not substantiate this allegation, but does suggest the applicant used poor judgment concerning his relationship with the civilian; however, we do not believe that applicant’s poor judgment warranted issuance of the contested report. He received a letter of admonishment and, in our opinion, was sufficiently punished.  A copy of the command directed investigation would have been helpful in determining the true facts of the relationship.  Nonetheless, we believe had it been established that he was involved in a sexual relationship with the civilian, his commander would have imposed a more severe punishment. Therefore, 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 Company Grade Officer Performance Report, AF Form 707B, rendered for the period 27 September 2002 through 4 May 2003, be, and hereby is, declared void and removed from his records.
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The following members of the Board considered AFBCMR Docket Number BC-2004-02639 in Executive Session on 9 December 2004, under the provisions of AFI 36-2603:

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

    Exhibit A.  DD Form 149, dated 14 Jul 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPE, dated 7 Oct 04.
    Exhibit D.  Letter, SAF/MRBR, dated 15 Oct 04.

AFBCMR BC-2004-02639

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 XXXXXXXXXXXXXXXXXXXXXXXXX, be corrected to show that the Company Grade Officer Performance Report, AF Form 707B, rendered for the period 27 September 2002 through 4 May 2003, be, and hereby is, declared void and removed from his records.