RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00936 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: Her AF Form 707, Officer Performance Report (OPR) (Lt thru Col) rendered for the period 15 Mar 12 through 15 Feb 13, be removed from her official record. APPLICANT CONTENDS THAT: The OPR was rendered with prejudice and malicious intentions and not consistent with Air Force policies. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant was serving in the grade of Major (O-4) during the matter under review. The applicant supplied a memorandum from the former 51 FW/CC, dated 20 Feb 14, who was the applicant’s Senior Rater and also the Reviewer for the OPR for the period of 15 Mar 12 through 15 Feb 13. In this memo, he states that shortly after the OPR close out period an Inspector General (IG) investigation was conducted and brought the contents of the OPR into question. He would not have concurred with the OPR as written had he known about the information revealed by the IG. On 27 Nov 14, the applicant retired from the Regular Air Force in the grade of Major (O-4). AIR FORCE EVALUATION: AFPC/DPSIDE recommends denial indicating there is no evidence of an error or an injustice. The Air Force Board for Correction of Military Records (AFBCMR) is the highest level of administrative appeal within the Department of the Air Force and will not consider a case until all avenues administrative relief have been exhausted. The applicant will need to submit an AF Form 948, Application for Correction/Removal of Evaluation Reports, with all required supporting documentation, through the vMPF/Evaluation Appeals found under the Most Popular Applications. In accordance with (IAW) AFI 36-2401, paragraph 1.1.3, the Evaluation Reports Appeal Board (ERAB) works under the assumption that evaluation reports are accurate and objective. Therefore, the applicant must provide strong evidence to overcome the report’s presumed validity. In addition, paragraphs A1.2 and A2.3 state when documenting the appeal, the applicant must provide convincing documentation for the appeal; the applicant must offer clear evidence that the original evaluation was unjust or wrong; and quality, not quantity of documentation is the issue. The applicant must substantiate any injustice(s) on the contested report and provide sufficient supporting documentation to validate/confirm any other claims. The applicant must prove the report was not rendered in good faith by all evaluators based on knowledge available at the time. Furthermore, the applicant must supply specific information about the unfair evaluation for the board to make a reasoned judgment on the appeal and show strong evidence to the board when requesting to remove a report from the permanent record. A complete copy of the AFPC/DPSIDE 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 28 Apr 15, 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 error or injustice. After a thorough review of the facts and circumstances of this case, we believe the applicant has been the victim of an injustice. We note the comments of the Air Force office of primary responsibility, indicating the applicant has failed to exhaust all avenues of administrative relief; however, we note the applicant cannot file an appeal through the Evaluation Report Appeals Board (ERAB) under the provisions of AFI 36-2406, Correcting Officer and Enlisted Evaluation Reports, due to the fact she is in retired status and is no longer authorized to file an ERAB appeal. Nevertheless, we believe the applicant has raised sufficient doubt regarding the equity and accuracy of the contested officer performance report (OPR). In this respect, we note that in support of her contention, the applicant provides credible support in the form of a memorandum from her then- current commander indicating the results of an investigation disclosed discrepancies in the creation of her OPR as well as a memorandum from her former commander stating he would not have concurred with the OPR as written had he known about the information revealed by the investigation. Based on the above, we recommend the applicant’s record 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 show that the AF Form 707, Officer Performance Report (Lt thru Col), for the period of 15 Mar 12 through 15 Feb 13, be declared void and removed from her record. The following members of the Board considered AFBCMR Docket Number BC-2014-00936 in Executive Session on 11 June 15, under the provisions of AFI 36-2603: All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-00936 was considered: Exhibit A. DD Form 149, dated 22 Feb 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSIDE, dated 2 Feb 15. Exhibit D. Letter, SAF/MRBR, dated 28 Apr 15.