RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-00881
		INDEX CODE:  111.01
	XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  23 SEPTEMBER 2008

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APPLICANT REQUESTS THAT:

The Officer Performance Reports (OPRs) closing out on 30 Apr 93, 30 Apr 96 and 20 Jan 98 be declared void and removed from his records.

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APPLICANT CONTENDS THAT:

The contested reports are unjust because they contain comments in reference to race and family activities.

In support of his request, the applicant provided copies of the contested reports.

His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant was commissioned a second lieutenant in the Regular Air Force on 7 February 1992 and was progressively promoted to the grade of captain.  He is assigned in Los Angles AFB, CA as the Chief, Space Logistics Branch.

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

	             PERIOD ENDINGS			OVERALL EVALUATION 

	  3 Aug 06                MEETS STANDARDS (MS)
  3 Aug 05                        MS
  3 Aug 04                        MS
  8 Sep 03                        MS
  3 Feb 03                        MS
  3 Jun 02                        MS
  3 Jun 01                        MS
 30 Sep 00                        MS
 11 May 00                        MS
  1 Jul 99                        MS
  1 Jul 98                        MS
*20 Jan 98                        MS
 20 Jan 97                        MS
*30 Apr 96                        MS
 30 Apr 95                        MS
 30 Apr 94                        MS
*30 Apr 93                        MS

* - Contested Reports

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AIR FORCE EVALUATION:

AFPC/DPPPEP recommends denial. DPPPEP states the AFI 36-2402 does not prohibit evaluators from commenting on involvement in cultural activities or additional duties but cautions against the use of specific references to the individual's ethnic background.  Participation in the activities mentioned in the bullet statements is not limited to people of a specific race, in fact any officer can be asked to be an escort for any distinguished visitor (DV) without regard to race.  As Air Force members, we all participate in and are encouraged to be a committee member on cultural heritage committees.  The bullets in his OPR do not address his race, only that he participated in officially recognized Air Force cultural heritage awareness committees and activities and was assigned the additional duty of being a DV escort (heritage committee and Tuskegee Airman reference).  AFI 36-2401, Correcting Officer and Enlisted Evaluation Reports, paragraph 1.4.16, states not to consider or include information regarding employment, education, or volunteer service activities of the officer's family.  This paragraph only addresses the activities of the family member not the active duty member.  The bullets concerning volunteer work with Big Brothers are authorized per AFI 36-2402.  In all cases, the raters are in full compliance with the governing AFI.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded by stating the instructions on the OPR form clearly states to focus on what the officer did, how well he or she did it and how well the officer contributed to mission accomplishment.  He does not understand how any comment outside duty performance is acceptable.  The form does not ask what a subordinate does for cultural awareness or family activities.  In addition, job performance bullets are key on reports for future leadership assignments and promotion opportunities.  Irrelevant bullets not pertaining to mission impact stating non-duty activities alluding to race or ethnic background may not provide an impartial judgment of ones records for promotion.  These comments are best placed in quarterly or annual award submissions.  The applicant states several cultural events in his reports contain either black or African American.  He believes this is considered leading the witness in our judicial.  The applicant ask if the comments have the potential to create a biased reflection for promotion or other leadership opportunities based on alluding to ones racial background or non-duty related performance statements?  Do the statements directly contradict with the AFI in relation to the instructions given on the OPR and if so, shouldn't the AFI or the OPR form itself be revised to reflect the same information?  Should comments outside the performance be placed on quarterly award packages where they belong and not on the OPR?  Finally, the applicant asks if anyone would want comments on their evaluation alluding to martial status, sex, age, race or income.

His complete response, with attachments, 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 timely filed.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After reviewing the evidence of record, the Board is not persuaded that the contested reports should be declared void and removed from his records.  The Board is not persuaded by the applicant's assertions that the comments contained in the report were in error or contrary to the provisions of the governing instruction or that the applicant was rated unfairly.  Therefore, the Board agrees with the opinion and recommendation of the Air Force and adopts its rationale as basis for their conclusion that the applicant has not been the victim of an error or injustice.  In the absence of evidence to the contrary, the Board finds no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered AFBCMR Docket Number BC-2007-00881 in Executive Session on 13 June 2007, under the provisions of AFI 36-2603:

			XXXXXXXXXX, Panel Chair
			XXXXXXXXXX, Member
			XXXXXXXXXX, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 March 2007, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  AFPC/DPPEP Letter, dated 18 April 2007.
    Exhibit D.  Letter, SAF/MRBR, dated 27 April 2007.
    Exhibit E.  Letter, Applicant, dated 24 May 2007.

		XXXXXXXXXX
		Panel Chair