RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04601

XXXXXXXXXXXXX	COUNSEL: NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

His Officer Performance Reports (OPR) for 2008 and 2009 be expunged, and removed from his military personnel record.   

APPLICANT CONTENDS THAT:

Although he did sign his 2008 referral OPR, he did not receive a hard copy of the OPR, nor did it get loaded in his official record; therefore, it should be expunged and stricken from his record.  Additionally, he contends the reason he received a 2009 referral OPR was unjust, as he was the victim of Lateral and Horizontal Violence by his rater and chain of command.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 21 Jun 06.

From 1 Jul 08 to 29 Sep 08, according to documentation submitted by the applicant, he was a licensed Registered Nurse by the state of Wisconsin.   

On 3 Jul 08, according to documentation submitted by the applicant, his 2008 referral OPR was transmitted to AFPC.  

On 24 Feb 09, the applicant was promoted to the permanent grade of captain (O-3).

On 6 Sep 11, the applicant was rendered a referral OPR for the period 21 Jun 08 to 20 Jun 09.  

On 20 Aug 15, the applicant was considered, but not selected for promotion by the CY15B Major (BSC/MSC/NC) Central Selection Board (CSB).  

On 31 Oct 16, the applicant was honorably discharged having served fourteen years, six months, and 10 days of active service.  

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denying the application.  The application was not filed within three years of the discovery of the alleged error or injustice, or with due diligence, should have been discovered.  Notwithstanding timeliness, regarding the missing 2008 OPR, no actions are required as AFI 36-2401, Correction of Officer and Enlisted Evaluation Reports, opening paragraph, states "this instruction applies to active duty Air Force and participating Reserve and Air National Guard members. It shows how to correct airman and officer evaluation reports AFTER they are made a matter of record.  As the 2008 OPR is not in the applicant's record they recommend no actions be taken.  Regarding the applicant’s contention his 2009 OPR was unjust, they determined that the OPR was completed in accordance with the Air Force policies and procedures.  While the applicant provided a document which reflects him certified until 29 Sep 08, his 2009 referral OPR closed out 20 Jun 09, identifying him without a license by the close out date.  Additionally, the OPR in question reflects more than one reason for the referral, and the applicant provided no substantiating documentation to contend the other comments.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 24 Aug 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error and injustice.  The Board concurs with the rationale and recommendation of AFPC/DP3SP and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Specifically, no action is necessary to remove the applicant’s 2008 OPR from his records, as it is not in his military personnel records.  Regarding the contention the 2009 OPR was unjust, we agree with AFPC/DP3SP the applicant has not provided compelling evidence to show the report is unjust or inaccurate at the time it was written.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-04601 in Executive Session on 16 Oct 18:

, Panel Chair
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, received 17 Nov 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SP, dated 4 Mar 18
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 24 Aug 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.