RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-00554 INDEX CODE: 111.02 XXXXXXXXXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His Officer Performance Report (OPR) rendered for the period 15 August 1996 through 12 March 1998 be voided and removed from his records. ________________________________________________________________ _ APPLICANT CONTENDS THAT: His referral OPR is an injustice because he completed all requirements for mission certification; however, the report was marked “Does not meet standards” in the job knowledge category. In support of his request, the applicant submits copies of the contested report and a certificate of completion for all mission requirements. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The Military Personnel Data System (MilPDS) indicates the applicant has a Total Active Federal Commissioned Service Date of 27 June 1996. He was promoted to the grade of captain, effective and with a date of rank of 21 July 2000. The applicant received a referral OPR for the period 15 August 1996 through 12 March 1998 with ratings of “meet standards” in all areas except Job Knowledge which was rated “does not meet standards.” On 28 March 2007, the applicant was notified of his second deferral for promotion to the grade of major. The notification indicated that because he had been deferred for promotion twice, he must be discharged in accordance with Title 10 United States Code, Section 14505. On 1 October 2007, the applicant was honorably discharged from all appointments in the United States Air Force. The MilPDS indicates he has nine years of satisfactory service. The following is a resume of his OPR ratings commencing with the report closing 12 March 1998: PERIOD ENDING OVERALL EVALUATION 12 Mar 98 (2nd Lt) Contested Report 12 Mar 99 (1st Lt) MS 1 Feb 00 MS 2 Feb – 4 Jun 03 No report required 4 Jun 04 (Capt non-EAD) MS 4 Jun 05 MS 4 Jun 06 MS ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPSIDEP recommends denying the applicant’s request to void the contested OPR. DPSIDEP states the report does not state the applicant never met the requirements to earn his Operations Mission Ready Certificate. The OPR indicates that he “was removed from ops duties due to inability to maintain proficiency in assigned crew position.” The certificate was issued in 1997 and the contested report did not close out until 1998 – plenty of time to be removed due to an inability to maintain proficiency. If the report was an inaccurate representation of his performance, the additional rater and/or senior rater would have addressed the issue prior to the report becoming a matter of record. DPSIDEP indicates they found no procedural or administrative errors or injustices. The DPSIDEP evaluation is at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 11 April 2008, a copy of the Air Force evaluation was forwarded to the applicant 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. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence showing the contested report is an inaccurate depiction of his performance during the rating period in question, we find no compelling basis to recommend granting the relief sought in this application. ________________________________________________________________ _ 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. ________________________________________________________________ _ The following members of the Board considered this application in Executive Session on 11 June 2008, under the provisions of AFI 36-2603: XXXXXXXXXXXXXXXXX, Panel Chair XXXXXXXXXXXXXXXXXXXX, Member XXXXXXXXXXXXXXXXXX, Member The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2008-00554: Exhibit A. DD Form 149, dated 7 Feb 08, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDEP, dated 21 Mar 08. Exhibit D. Letter, SAF/MRBR, dated 11 Apr 08.