RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-02331

	COUNSEL: 
	
	HEARING: YES

APPLICANT REQUESTS THAT:

His Officer Performance Report (OPR) with a closeout date of 5 Dec 09 be removed from his records.

APPLICANT CONTENDS THAT:

His OPR was based on his failure of a no-notice test evaluation (check flight) that was administered during a period he was informed that he would not receive an evaluation.  Being administered a no-notice evaluation is unjust because he was distracted and stressed due to his father being ill.  Additionally, his rater evaluated him on three occasions.  In Jun and Sep 09, the rater rated him as “Meets Standards on Performance,” but in Dec 09, his rater rated him as “Does Not Meets Standards,” which is not supported by any evidence. As a matter of equity, the OPR should be removed.  The applicant’s complete submission is at Exhibit A.  

STATEMENT OF FACTS:

The applicant received a referral OPR for the period of 15 Dec 09 through 5 Dec 09.

According to Reserve Order CB-102, the applicant was honorably discharged from all appointments in the United States Air Force effective 1 Oct 12 in the grade of captain.   

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

ARPC/DPTS recommends approval.  The applicant’s referral performance report was issued due to the failure of a no notice flight evaluation that was conducted prior to the applicant’s six month supervised flight program.  The evaluation was referred due to the applicant’s failure of a no-notice flight evaluation.  However, the no- notice flight evaluation was conducted 2 months and 7 days prior to the Supervised Status for flying concluded.  Additionally, the rater evaluated the applicant’s performance on two separate occasions during the rating period.  In both instances, the rater marked the applicant as “Meets” standards on the AF Form 724, PERFORMANCE FEEDBACK WORKSHEET.  Lastly, ARPC does not possess the information to make a clear determination on why the flight test was administered early or why the rater reduced the rating reporting period nine days and made the reason for report Directed by Commander versus the normal annual report; the unit would need to clarify this.  

If the Board decides to grant the relief requested, the Board should direct removal of the evaluation with dates 15 Dec 08 – 5 Dec 09 and replace it with an administrative LOE (AF Form 77). Administrative LOEs are used to substitute lost, missing or removed evaluations such as those ordered removed by the AFBCMR, in accordance with AFI 36-2603.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 12 Mar 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed, but it is in the interest of justice to excuse the delay.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is the victim of an error and injustice.  The Board concurs with the rationale and recommendation of APRC/DPTS and finds that a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends 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 the Board’s understanding of the issue involved.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that his Officer Performance Report for the period of 15 December 2008 through 5 December 2009 be declared void and replaced with an AF Form 77, Letter of Evaluation.

The application was adjudicated without a personal appearance.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-02331 in Executive Session on 25 Apr 18:

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 20 Apr 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTS, dated 16 Feb 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 12 Mar 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9 pertaining to Docket Number BC-2017-02331.