RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBERS: BC-2010-01776 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His Officer Performance Report (OPR) rendered for the period 16 June 2004 through 15 June 2005 be removed from his record. In addition, his corrected record be considered by a Special Selection Board (SSB) for the Calendar Year 2009C (CY09C) Major Central Selection Board (CSB). _________________________________________________________________ APPLICANT CONTENDS THAT: The contested OPR contained an erroneous comment, specifically, that he received an Unfavorable Information File (UIF), which he did not. In support of his appeal, the applicant provides copies of the contested OPR, a career brief, a memorandum for evaluation appeals, award documentation, and an application for correction/removal of evaluation reports. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: According to the Military Personnel Data System, the applicant is currently serving on active duty in the grade of captain with an effective date and date of rank of 16 August 2005. He has a Total Active Federal Military Service Date of 21 July 1989 and a Total Active Federal Commissioned Service Date of 16 August 2001. On 19 May 2005, the applicant received a Letter of Reprimand (LOR) for violating Articles 78 and 134, Uniform Code of Military Justice. The applicant acknowledged receipt of the LOR and provided a response to the LOR on 22 May 2005. On 11 October 2005, the applicant received notification that his commander was referring his OPR for the period 16 June 2004 through 15 June 2005. The rater stated in his assessment “Stellar performance marred by failure to report subordinate’s alcohol misconduct in AOR – received LOR/UIF.” The applicant acknowledged receipt of the notification and submitted a written response on 16 October 2005. On 16 December 2005, the applicant’s senior rater decided to place the LOR in the applicant’s Officer Selection Record (OSR). On 29 February 2008, the applicant’s unit commander stated that a UIF was never established and requested the LOR be removed from the OSR. On 5 March 2010, the applicant filed an appeal through the Evaluation Reports Appeal Board (ERAB) requesting his referral report be voided because of the UIF comment. The ERAB partially approved his request by removing the word “UIF” from the report instead of having the report voided. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIMC recommends denial. DPSMIC states that in accordance with Air Force Instruction (AFI) 36-2903, paragraph 3.4, “LORs are mandatory for file in the UIF for officer personnel” meaning, the LOR automatically creates a UIF for an officer. Although the LOR memorandum itself was done correctly, the applicant states he did not receive a UIF. Nonetheless, a UIF should have been established per the AFI. The complete DSIMC evaluation is at Exhibit C. AFPC/DPSID recommends denial. DPSID states it is clear the LOR was given to the applicant and the ERAB took appropriate action to correct the OPR. Therefore, there is no clear error or injustice. The complete DPSID evaluation is at Exhibit D. AFPC/DPSOO recommends denial. DPSOO states their evaluation of this appeal requires them to rely on the opinions of other Air Force experts. Based on DPSID’s recommendation to deny the applicants request to remove the contested OPR, they recommend denial for SSB consideration. The complete DPSOO evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS: Copies of the Air Force evaluations were forwarded to the applicant on 6 August 2010 for review and response 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 an injustice. We note the administrative correction made to the contested OPR by the ERAB, which removed the verbiage that referenced the applicant receiving a UIF. However, after reviewing the applicant's complete submission in judging the merits of the case, we find no evidence that persuades us to remove the contested report and to grant SSB consideration. Therefore, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. 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 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 AFBCMR Docket Number BC-2010-01776 in Executive Session on 1 February 2011, under the provisions of AFI 36-2603: , Chair , Member , Member The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2010-01776: Exhibit A. DD Form 149, dated 8 May 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIMC, dated 2 Jun 10. Exhibit D. Letter, AFPC/DPSID, dated 5 Jul 10. Exhibit E. Letter, AFPC/DPSOO, dated 19 Jul 10. Exhibit F. Letter, SAF/MRBR, dated 6 Aug 10. Chair