RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04854 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: 1. His Referral Officer Performance Report (OPR) rendered for the period 25 Oct 96 - 24 Oct 97 and his Supplemental Evaluation Sheet rendered for the same period be expunged from his record. 2. Two associated Aeronautical Orders (AOs) pertaining to disqualification from active flight status; AO-0010, 19 Feb 98, effective 18 Feb 98 and AO-0013, 27 Apr 99, effective 18 Feb 98 be expunged from his record. APPLICANT CONTENDS THAT: In Jul and Sep 98, the Air National Guard, Director of Operations (ANG/DO) directed that his AO disqualifying him from flying status be rescinded; in Apr 99, the Director, ANG, (ANG/CC) non-concurred with the Flight Evaluation Board (FEB) determination of permanent grounding and directed his record be purged of the FEB and he be restored any incentive pay. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 24 Nov 97, the applicant’s supervisor presented the applicant with a Referral performance report rendered for the period 25 Oct 96 – 24 Oct 97. In Section V, Performance Factors, Paragraph 5. Judgment and Decisions, reflected “Does Not Meet Standards.” The Rater included additional comments in support of his downgrade in Section VI, Rater Overall Assessment. The referral comment included: “Qualified to a Non-Qualified status -- This action was taken as a result of a decision he made while departing from a non GE-110 engine airfield to fly an aircraft after the engine had auto-transferred to SEC while on the ground. He did not consult with GE-110 engine personnel prior to pursuing the flight to a deployed location. This lapse in judgment resulted in a 30-day grounding and removal for an indefinite time from supervisory status as well as F-16 flight lead and C-26 aircraft commander status.” On 2 Feb 98, the applicant responded to the indorsed report noting the OPR did not comply with the “Evaluator Requirements” as outlined in AFI 36-2402. According to AO-0010, dated 18 Feb 98, the applicant’s aviation service was terminated. On 2 Jan 99, the applicant was transferred to Reserve retired status, awaiting pay at age 60. He was credited with 32 years, 5 months, and 11 days of satisfactory Federal service. According to AO-0013, dated 27 Apr 99, AO-0010 was revoked and referenced memo records purged of the FEB and incentive pay restored. On 9 Aug 00, the AFBCMR, under BC-1998-00374, considered and denied the applicant’s request for promotion to the grade of colonel, with an effective date of 14 Sep 96. On 11 Apr 02, the applicant was transferred to the USAF Retired List at age 60 and qualified for retired pay. AIR FORCE EVALUATION: NGB/A1P concurred with Subject Matter Expert (SME) recommendation to grant the applicant request to have the requested documents expunged. A1PO noted the applicant was employed by the New Mexico Air National Guard (NMANG) as a full-time technician from about 1984 until he retired in December 1998. In June 1997, he filed an Equal Employment Opportunity (EEO) Complaint based on age discrimination, in which he prevailed in August 1997. The EO investigation concluded the discrimination and retaliation charges had been substantiated and recommended the applicant’s permanent personnel record have the above/subject documents expunged. The Adjutant General of New Mexico, TAG-NM, supported this recommendation. A complete copy of the NGB/A1P 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 27 Jan 16 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 an error or injustice. We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of the National Guard Bureau office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice. Therefore, we recommend the applicant's records 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: a. The AF Form 707A, Field Grade Officer Performance Report, rendered for the period, from 25 October 1996 to 24 October 1997 and the associated AF Form 77, Supplemental Evaluation Sheet, rendered for the same period, be declared void and removed from his Master Personnel Record (MPR) and his Official Master Personnel File (OMPF). b. Aeronautical Orders (AOs); AO-0010, dated 19 February 1998 and AO-0013, dated 27 April 1999, be declared void and removed from his Master Personnel Record (MPR) and his Official Master Personnel File (OMPF). The following members of the Board considered AFBCMR Docket Number BC-2014-04854 in Executive Session on 16 Feb 16 under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-04854 was considered: Exhibit A. DD Form 149, dated 19 Nov 14, w/atchs. Exhibit B. Pertinent Excerpts from Personnel Records. Exhibit C. Letter, NGB/A1P, dated 6 Jan 16. Exhibit D. Letter, AFBCMR, dated 27 Jan 16. Exhibit E. Electronic Mail, Applicant, dated 2 Feb 16.