RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  98-00978

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Enlisted Performance Reports (EPRs), closing 26 October  1994  and
15 March 1995, be declared void and removed from his records.
_________________________________________________________________

APPLICANT CONTENDS THAT:

His behavior was significantly  influenced  by  his  illness  (Grave’s
Disease), which was diagnosed in February 1994.  His rating chain  did
not take into consideration the effects his illness had  on  his  duty
performance and behavior during the contested reporting periods.

In support of his request, the applicant submits a personal statement,
copies of the contested reports, an IG summary report  of  inquiry,  a
statement from his group commander, medical statements, and additional
documents associated with the issues cited in his contentions.   These
documents are appended at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular  Air  Force
on 8 February 1979.  He has been progressively promoted to  the  grade
of master sergeant (E-7), with the effective date and date of rank  of
1 August 1998.

Applicant's EPR profile, commencing with the report closing 29 Nov 91,
follows:

            Period Ending    Evaluation

              29 Nov 91      5 - Ready for Immediate Promotion
              29 Nov 92      5
              29 Nov 93      4 - Ready for Promotion
              29 Aug 94      Letter of Evaluation (LOE)
            * 26 Oct 94      2 - (Referral Report)
            * 15 Mar 95      3 - Consider for Promotion
              16 Dec 95      5
              16 Dec 96      5
              16 Dec 97      5
              26 Sep 98      5

* Contested reports

Similar appeals by the applicant, under Air Force Instruction (AFI) 36-
2401, were considered and denied by the Evaluation Report Appeal Board
(ERAB) on 24 October 1997 and 3 February 1998.
_________________________________________________________________

AIR FORCE EVALUATION:

The AFBCMR Medical Consultant reviewed this application concerning the
medical aspects of the case.  The  AFBCMR  Medical  Consultant  stated
that the applicant was diagnosed in February 1994 with Grave’s Disease
(overactive production of thyroid hormone)  and  treated  by  chemical
ablation the next month.  After this treatment, there ensued a lengthy
period of irregular control in  the  applicant’s  hormone  replacement
therapy when he  alternated  between  hypo-  and  hyperactive  thyroid
status.  Documents from his treating endocrinologist outline  behavior
changes that  can  be  associated  with  these  dysfunctional  thyroid
states, and it is this that the applicant feels is  justification  for
removal of the EPRs, behavior over which he supposedly had no  control
and which no longer was manifest in EPRs written subsequent to gaining
proper hormone control.

The AFBCMR Medical  Consultant  noted  performance  reports  from  the
applicant’s earlier years (82 and 83) which reflect  a  potential  for
behavioral problems long pre-dating the thyroid  abnormalities.   Also
noted were the numerous letters and memoranda for record outlining  an
apparent conflict between the applicant and his supervisor during  the
period of the referral EPR; and, for 3 months of the reporting year (1
Jun-29 Aug 94), the  applicant  was  moved  to  another  area  of  the
hospital from which an outstanding  Letter  of  Evaluation  (LOE)  was
furnished.

The AFBCMR Medical Consultant stated that while behavioral changes are
well-recognized aspects of thyroid disorders,  and  include  emotional
instability, memory deficits and poor concentration,  the  applicant’s
treating internist points out that varying levels of thyroid  hormone,
such as the applicant was experiencing during his stabilization period
after gland ablation, “are  not  directly  correlated  with  emotional
states.”  In spite of the fluctuating levels of hormones seen  in  the
timeframe following the applicant’s initial treatment, it is difficult
to lay the entire blame for his behavior on this situation.  One  must
ask why the applicant had trouble with this particular supervisor when
concurrent evaluations and all subsequent and most  prior  performance
reports were, for the most part, extremely favorable in their comments
regarding his performance.  The Medical Consultant stated that part of
the answer lies in the IG report showing a hostile environment in  the
workplace and part lies in  the  interpersonal  dynamics  between  the
principles, as evidenced by the many letters of support.

It is the AFBCMR Medical Consultant’s view  that  the  combination  of
medical  problems,  interpersonal  conflicts,  and  less-than-superior
leadership skills shown by  applicant’s  supervisor  all  combined  to
result in inappropriate ratings on the 2 occasions contested.  In  his
opinion, the applicant’s request for removal of the contested  reports
should be  accomplished  to  correct  an  injustice  of  circumstances
(Exhibit C).

The Chief, Inquiries/AFBCMR Section, HQ AFPC/DPPPWB, stated  that  the
first time the contested reports  were  considered  in  the  promotion
process was Cycle 96E7 to master sergeant (E-7), promotions  effective
Aug 96 - Jul 97.  Should the Board upgrade the overall rating or  void
the reports in their entirety, providing he is otherwise eligible, the
applicant  would  normally  be  entitled  to  supplemental   promotion
consideration commencing with  Cycle  96E7.   It  is  noted  that  the
applicant will not become a selectee for promotion during  cycle  96E7
or  97E7  if  the  Board  grants  his  request.   The  applicant   was
tentatively selected for promotion during the 98E7  cycle,  pending  a
favorable data verification and the recommendation of  the  commander.
It would serve  no  useful  purpose  to  provide  the  applicant  with
supplemental consideration for the previous cycles as he could not  be
selected.  They defer to the recommendation  of  AFPC/DPPPAB  (Exhibit
D).

The Directorate  of  Personnel  Program  Management,  HQ  AFPC/DPPPAB,
reviewed this application and recommended denial.  While the applicant
included copies of  memorandums  from  individuals  from  outside  the
rating chain, DPPPAB does not believe these individuals were in better
positions to evaluate the applicant’s duty performance than those  who
were specifically assigned that task.  It  appears  the  reports  were
accomplished in direct accordance with  applicable  regulations.   The
applicant did not include a copy of the Article  15  rendered  to  him
during the contested reporting period.   While  it  may  be  true  the
applicant’s illness affected his duty performance and behavior, it  is
also true this was not the first time he “unlawfully struck”  someone.
In DPPPAB’s research, they discovered the applicant  had  been  issued
three Articles 15 during his 19-year tenure in the Air Force; in  1981
(behaving disrespectfully toward a superior commissioned officer), and
in 1982 and 1994 (because he struck  someone  in  the  face).   DPPPAB
stated that it is not uncommon for disagreements to  occur  between  a
rater and ratee.  The applicant failed to include statements from  any
of the other evaluators from the contested reports.  A  complete  copy
of this evaluation is appended at Exhibit E.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant  on  3
August 1998 for review and response.  As of this date, no response has
been received by this office (Exhibit E).
_________________________________________________________________

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 probable injustice warranting  removal  of  the  Enlisted
Performance Reports (EPRs), closing 26 October 1994 and 15 March 1995,
from  applicant’s  records.   After  careful  consideration   of   the
applicant’s supporting documents, including the Inspector General (IG)
inquiry, the statement from his group commander,  medical  statements,
and the Letter of Evaluation (LOE), we believe doubt exists as to  the
accuracy and fairness of the contested reports.  We are  therefore  in
agreement with the opinion of the AFBCMR Medical Consultant  that  the
combination  of  applicant’s  medical  problems,   the   interpersonal
conflicts and the leadership skills shown by his  supervisor  resulted
in the inappropriate ratings rendered.  In view of  the  circumstances
involved, and in an effort to offset any possibility of an  injustice,
we adopt the rationale expressed by the AFBCMR Medical Consultant  and
recommend that the above cited EPRs be declared void and removed  from
the applicant’s records.
_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating  to  APPLICANT  be  corrected  to  show  that  the   Enlisted
Performance Report, AF Form 910, rendered for the  periods  27 October
1994 through 15 March 1995 and 30 November  1993  through  26  October
1994, be declared void and removed from his records.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 3 November 1998, under the provisions of AFI  36-
2603:

                  Ms. Rita S. Looney, Panel Chair
                  Mr. Steven A. Shaw, Member
                  Mr. Patrick R. Wheeler, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 26 Mar 98, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFBCMR Medical Consultant, dated
                   17 Jun 98.
   Exhibit D.  Letter, HQ AFPC/DPPPWB, dated 1 Jul 98.
   Exhibit E.  Letter, HQ AFPC/DPPPAB, dated 20 Jul 98.
   Exhibit F.  Letter, SAF/MIBR, dated 3 Aug 98.




                                   RITA S. LOONEY
                                   Panel Chair




AFBCMR 98-00978




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to show that the Enlisted
Performance Reports, AF Forms 910, rendered for the periods 27 October
1994 through 15 March 1995 and 30 November 1993 through 26 October
1994, be, and hereby are, declared void and removed from his records.


.


            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency