RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2007-00890
						INDEX CODE:  111.02
  						COUNSEL:  NONE
  						HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  23 SEPTEMBER 2008

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APPLICANT REQUESTS THAT:

His Officer Performance Report (OPR) rendered for the period 28 April 2003 through 1 February 2004 be removed from his records.

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APPLICANT CONTENDS THAT:

The referral OPR in question is inaccurate, contains false statements and is unjust.  His rater’s decision to give him a referral OPR was vindictive, unjustified and unnecessary.  The rater’s bias affected his objectivity and a fair and accurate performance report.  He believes his OPR was written by the deputy who had a grudge against him.  Many months after he departed Germany in 2004, information volunteered by a fellow officer informed him that the deputy “had it out for me” and that he had done his best to discredit him as the division chief.  The single most unjustified aspect of his referral OPR is that he was personally placed in a division chief position and removed by the rater after only 14 work days for alleged reasons of incompetence.  There is nothing that he did or did not do in his performance of his duties as the division chief that justifies being given a referral OPR.  There is nothing written in his OPR by his rater that can substantiate or justify the issuance of a referral OPR.    

In support of his request, the applicant provides a personal statement; copies of his OPRs; copy of his Evaluation Reports Appeal Board (ERAB) application and the ERAB decision letter dated 17 May 2005.  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The Military Personnel Database (MilPDS) indicates the applicant has a Total Active Federal Military Service Date 3 October 1979 and a Total Active Federal Commissioned Service Date of 1 September 1980.  He was promoted to the grade of colonel, effective and with a date of rank of 1 January 2003.  The applicant’s OPR profile is as follows:

	PERIOD ENDING			OVERALL EVALUATION

	27 APR 99				MEETS STANDARDS (MS)
	27 APR 00					  MS
	27 APR 01					  MS
	27 APR 02					  MS
	27 APR 03					  MS
	01 FEB 04					  MS (CONTESTED REPORT)
	01 FEB 05					  MS
	01 FEB 06					  MS

On 17 May 2005, a similar appeal by the applicant was considered and denied by the ERAB.

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AIR FORCE EVALUATION:

AFPC/DPPPEP recommends denial.  DPPPEP states that although the applicant may feel his rater 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; therefore, the opinions of individuals outside the rating chain are not relevant.  DPPPEP advises the applicant provides no evidence to support his allegations that the deputy who had a grudge against him wrote his OPR, that he was placed in a division chief position by the rater and removed only after 14 workdays for alleged incompetence and that the rater overreacted to an isolated incident.  The DPPPEP complete evaluation is at Exhibit C.  

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was sent to the applicant on 15 June 2007 for review and comment within 30 days.  As of this date, this office has received no response. 

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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 all of the evidence provided, we are not persuaded the contested OPR is inaccurate or that its contents violate governing directives.  We have noted the applicant’s contentions concerning the comments in the contested report and his allegations that the OPR was intentionally written to discredit him.  However, while the applicant may believe this is the case, there is nothing in the evidence provided which would lead us to believe that the OPR in question is the result of unlawful command influence or that it was prepared with any motivation on the part of the evaluators other than to report their assessments of the applicant’s performance.  We note that, in the rating process, it is the responsibility of evaluators to assess a ratee’s performance, honestly, and to the best of their ability.  Other than his own assertions, we have seen no evidence by the applicant that the evaluators abused their discretionary authority, that the report is technically flawed, or that the evaluators comments are based on inappropriate considerations.  In the absence of such evidence, the applicant’s request that the contested report be removed is not favorably considered.

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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 Docket Number BC-2007-00890 in Executive Session on 26 July 2007, under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence pertaining to Docket Number BC-2007-00890 was considered:

    Exhibit A.  DD Form 149, dated 15 Mar 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPEP, dated 23 May 07.

    Exhibit D.  Letter, SAF/MRBR, dated 15 Jun 07.
    Exhibit E.  Letter, Applicant, dated 6 Mar 07, w/atchs.

                     			
								Panel Chair