RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-00920 

						COUNSEL:  NONE

						HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

Her AF Form 707, Officer Performance Report (OPR), closing 1 Mar 15, which is a referral report, be replaced with an OPR reflecting member “Meets Standards” in Item III, Performance Factors.  If this is not possible to remove the referral report.

APPLICANT CONTENDS THAT:

Air Force standards have changed, making a referral report optional for fitness assessment (FA) failures, upon close-out of an OPR.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 14 Jan 00.

Applicant is currently serving in the Air Force Reserve.

On 10 Feb 16, the applicant petitioned the Evaluation Reports Appeals Board (ERAB) for removal or replacement of the OPR.  The ERAB denied her request.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.    

AIR FORCE EVALUATION:

AFRC/A1K states that based on the OPR signed and supported by her Rater and Senior Rater, the Board could elect to grant the request.  While granting relief would be contrary to the criteria established by AFI 36-2406, Officer and Enlisted Evaluations System, in effect at the time, it would meet the intent of the revision to the AFI.  

The applicant accomplished her fitness assessment on 5 Mar 15.  At the time she accomplished this assessment it was five days overdue.  The applicant’s previous fitness test was completed on 22 Feb 14, achieving an excellent score.  According to AFI 36-2905, Air Force Fitness, Para 3.11.1.1., for an Excellent score:  All Airmen will test by the last day of the month, 12 calendar months following the previous Excellent test, which would be 28 Feb 15 for the applicant.  This put the applicant in a non-current fitness status which, at the time, required a mandatory referral OPR.

The applicant’s scheduled Feb UTA was 7-8 Feb.

While the applicant’s OPR close-out was 1 Mar 15, the incorporated change in AFI 36-2905 (allowing for optional referral OPRs for FA failures upon close-out) did not go into effect until 27 Aug 15, 5 months after the OPR close-out. 

On or about 27 Mar 15, her wing requested an extension to the applicant’s OPR close-out date from 1 Mar 15 to 6 Mar 15, to allow her OPR to reflect she was current in fitness standards.  The applicant’s chain of command fully supported the request, including the commander’s assertion that the applicant did not appear on the squadron’s roster as being due for a fitness assessment.  An e-mail from the AFRC/A1KO noted the request met the requirements for AFRC/A1’s approval IAW AFI 36-2406, paragraph 1.13.2.2.  However, request was disapproved by HQ AFRC/A1 on 21 Apr 15 without explanation.  On 10 Feb 16, the applicant submitted a request for removal or replacement of the OPR, to the Evaluation Reports Appeals Board (ERAB). According to the member, that request was also disapproved.

Members who fail to adhere to established AF standards and expectations are considered as not meeting standards, resulting in officer evaluations receiving a referral report in accordance with AFI 36-2406, Para 1.14.10.2.

A complete copy of the AFRC/A1K evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 29 Mar 17 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

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.  After a thorough review of the evidence of record and the applicant’s complete submission, we believe the applicant is the victim of an error or injustice.  While we note the comments of ARPC/A1K indicating that relief would be contrary to established criteria, since the effective date for the revised criteria is 5 months after the close out of her OPR, we believe a preponderance of the evidence substantiates that corrective action is warranted.  In this respect, we note the applicant has provided copies of her passing Fit test for 5 Mar 15, as well as an endorsement from her commander at the time, recommending replacement of the OPR.  Therefore, we recommend the applicant’s records be corrected as indicated below.  	

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to replace the referral Officer Performance Report (OPR) for the period 2 March 2014 thru 1 March 2015, with the attached non-referral report. 

The following members of the Board considered AFBCMR Docket Number BC-2016-00920 in Executive Session on 11 Jul 17 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-00920 was considered:

	Exhibit A.  DD Form 149, dated 1 Mar 16, w/atchs.
	Exhibit B.  Excerpts from Personnel Records.
	Exhibit C.  Memorandum, AFRC/A1K, dated 24 Jun 16.
	Exhibit D.  Letter, AFBCMR, dated 29 Mar 17.
	
Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.