RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-02595

				COUNSEL:  None

				HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

All medical comments in the last line of the rater’s overall assessment and the additional rater’s overall assessment be removed from the Officer Performance Report (OPR) rendered for the periods 15 February 2001 through 14 February 2002 and 15 February 2002 through 14 February 2003. 

_________________________________________________________________

APPLICANT CONTENDS THAT:

Those statements were made without merit.  She never received performance feedback from her supervisor that her medical situation was a cause for concern for any future assignments.  She believes that the standard for making medical comments was unfairly applied.  She believes she was discriminated against.  There was another individual in the division with similar medical problems during the same timeframe that did not have the same comments in his OPR.  This individual has recently retired.

The applicant amended her application to remove medical comments included in the OPR rendered for the period 15 February 2002 through 14 February 2003. 

In support of the applicant’s appeal, she submits copies of her OPRs.

Applicant's complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently servicing on extended active duty in the grade of lieutenant colonel.

Applicant has received three OPR's since she was promoted to the grade of lieutenant colonel, all of which reflects "Meets Standards."

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPE recommended denial and states that the applicant only provided a copy of the OPR as evidence for her case.  Every contention made by the member is simply based on her personal opinion without some type of credible evidence. AFI 36-2406 does not prohibit the contested comments in the report.  

Air Force policy is that an evaluation report is accurate as written when it becomes a matter of record.  There are no errors or injustices cited in the 14 February 2002 OPR.  The rating chain and commander determined that it was appropriate to mention the medical situation within the OPR 

The applicant submitted an appeal regarding the OPR closing out 14 February 2002 to the Evaluation Report Appeals Board (ERAB). Her request was reviewed by the ERAB and determined that the applicant did not provide any supporting documentation to support her allegations nor were any comments provided from her rating chain supporting the contention.

AFPC/DPPPE complete 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 3 October 2003, for review and comment within 30 days.  As of this date, this office has received no response.

_________________________________________________________________

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 error or injustice to warrant relief.  After carefully considering applicant's contentions and the evidence of record, we are persuaded that the reports in question should be amended to remove the contested medical comments in Sections VI and VII.  The Board notes that her records has failed to reveal any medical conditions that would render her unfit for duty or assignments.  Therefore, until such time the applicant’s medical records are referred to a Medical Evaluation Board (MEB) for review, these medical comments, clearly gives an inaccurate assessment of the applicant’s performance during the periods in question.  In this respect, we believe with the removal of the inappropriate medical comments, the reports will be an accurate assessment of the applicant's performance.  Therefore, we recommend her records be corrected to the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that:

	a.  The Field Grade Officer Performance Report, AF Form 707A, rendered for the period 15 February 2001 to 14 February 2002 be amended in Section VI, Rater Overall Assessment, by removing the statement “XXXXX has been hinder by numerous health problems; pending their resolution” and be amended in Section VII, Additional Rater Overall Assessment, by removing the statement “Her health problems have us concerned; if they are solved.”

	b.  The Field Grade Officer Performance Report, AF Form 707A, rendered for the period 15 February 2002 through 14 February 2002 be amended in Section VI, Rater Overall Assessment, by removing the statement “We remain hopeful that her persistent health issues can be solved satisfactory” and be amended in Section VII, Additional Rater Overall Assessment, by removing the statement “We remain concerned with XXXXXX problems; if resolved.”

_________________________________________________________________

The following members of the Board considered Docket Number BC-2003-02595 in Executive Session on 13 November 2003, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 30 Jul 03, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPPE, dated 19 Sep 03.
	Exhibit D.	Letter, SAF/MRBR, dated 3 Oct 03.

                                   

AFBCMR BC-2003-02595

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, XXX-XX-XXXX, be corrected to show that:

	             a.  The Field Grade Officer Performance Report, AF Form 707A, rendered for the period 15 February 2001 to 14 February 2002 be amended in Section VI, Rater Overall Assessment, by removing the statement “XXXXX has been hindered by numerous health problems; pending their resolution” and be amended in Section VII, Additional Rater Overall Assessment, by removing the statement “Her health problems have us concerned; if they are solved.”

	      b.  The Field Grade Officer Performance Report, AF Form 707A, rendered for the period 15 February 2002 through 14 February 2003 be amended in Section VI, Rater Overall Assessment, by removing the statement “We remain hopeful that her persistent health issues can be solved satisfactory” and be amended in Section VII, Additional Rater Overall Assessment, by removing the statement “We remain concerned with XXXXX problems; if resolved.”