RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-01832
		INDEX CODE:  111.05

		COUNSEL:  NOT INDICATED

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The AF Form 707B, Company Grade Officer Performance Report, (OPR) rendered for the period of 8 Jun 02 through 7 Jun 03, be removed from his records.

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APPLICANT CONTENDS THAT:

The contested referral OPR was based on civilian charges for which he was never convicted and that he was unfairly punished with a Letter of Reprimand (LOR).  He was punished for a driving under the influence (DUI) charge before the case was sent to trial.  He was under the impression the referral OPR was removed from his records after the charges were dropped.

In support of his request, the applicant provides a cop of the referral OPR and a copy of his Florida Seven year Driving Record.

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

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STATEMENT OF FACTS:

On 9 Jun 03, the applicant received a referral OPR closing-out on 7 Jun 03, with an overall rating of “5”.  He acknowledged receipt of the referral OPR and did not provide a written response.

His OPR profile reflects the following:

	PERIOD ENDING	EVALUATION OF POTENTIAL

	       *7 Jun 03		5(Referral)
	        7 Jun 04		5
	       31 Oct 04		5

His OPR profile continues:

	PERIOD ENDING	EVALUATION OF POTENTIAL

	       31 Oct 05		5
	       25 May 07		5

* Contested report

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AIR FORCE EVALUATION:

AFPC/DPSIDEP recommends denial, partly based on the fact the applicant was convicted of reckless driving and has not substantiated the DUI and trespassing charges were dropped.

He contends the referral OPR is based on a LOR that he received for a DUI in which was not convicted.  Unfortunately, the referral report does not refer to the LOR or the DUI.  It only annotates the off-base arrests for trespassing and reckless driving.  The only reference to the DUI is in the referral letter, which can be corrected to match the OPR upon receipt of verification the DUI charges were dropped.

The evidence the applicant provided does not show he was acquitted of the DUI charge.  It does show that on 8 Feb 03, his license was suspended for refusing a breath test and that he was subsequently convicted on 25 Aug 03 for reckless driving on 8 Feb 03.  Although, the DUI information is not substantiated, the information used in the OPR is accurate.

The complete DPSIDEP 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 the applicant on 18 Jul 08, for review and comment within 30 days.  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.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After a thorough review of the applicant’s submission and the available evidence of record, we are not persuaded the contested report is in error or unjust.  The Board notes he has not provided sufficient evidence of a procedural error in regards to the referral OPR.  Moreover, he has not provided evidence to show the DUI charges were in fact dismissed, or that he was not convicted of the DUI in question.  Further, the contested OPR does not refer to the LOR or the DUI.  The only reference to the DUI is in the referral letter, which may be administratively corrected if he provides conclusive evidence the DUI charges were dropped.  Therefore, in the absence of persuasive evidence the contested report is in error or unjust, we find 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-2008-01832 in Executive Session on 11 February 2009, under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence was considered under AFBCMR Docket Number BC-2008-01832:

   Exhibit A.  DD Form 149, dated 5 May 08, w/atchs.
   Exhibit B.  Applicant’s Master Personnel Records.
   Exhibit C.  Memo, AFPC/DPSIDEP, dated 23 Jun 08.
   Exhibit D.  Letter, SAF/MRBR, dated 18 Jul 08.

                                   
                                   Panel Chair