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AF | BCMR | CY1999 | 9801665
Original file (9801665.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  98-01665
            INDEX NUMBER:  111.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

The Enlisted Performance Report (EPR) closing 7 July 1997 be voided.

___________________________________________________________________

APPLICANT CONTENDS THAT:

The contested report is false, misleading, and purposefully written to
place him in a poor light.  A personality conflict existed between  he
and his evaluators.  The report is inconsistent with his previous five
EPRs; it contains an inappropriate duty title;  the  rater  failed  to
provide appropriate feedback; and he did not receive  the  appropriate
training or observation.

In support of his request, applicant provided a copy  of  his  appeal,
submitted under the provisions  of  AFI  36-2401,  to  the  Evaluation
Report  Appeal  Board  (ERAB).   Attachments  to  the  appeal  package
included  applicant’s  expanded  comments  concerning  the   contested
report; copies of the contested report, a subsequent report,  and  two
Performance Feedback Worksheets, dated Jan and Jun  97;  documentation
pertaining to  his  assignment  to  the  HQ  USAFE  Elite  Guard;  and
documentation pertaining to  training  accomplished  during  contested
rating period and award of the Military Outstanding Volunteer  Service
Medal and Air Force  Commendation  Medal  (First  Oak  Leaf  Cluster).
(Exhibit A)

___________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data  System  (PDS)  reflects
applicant’s Total Active Federal Military  Service  Date  (TAFMSD)  as
5 January 1988.  He is currently serving on active duty in  the  grade
of staff sergeant, with a date of rank of 1 January 1996.

Applicant’s APR/EPR profile follows:





    PERIOD CLOSING     OVERALL EVALUATION

       4 Jan 89  9
       4 Sep 89 (EPR)  4
       4 Sep 90  4
       4 Sep 91  5
       4 Sep 92  5
      15 May 93  5
       7 Jul 94  5
       7 Jul 95  5
       7 Jul 96  5
    *  7 Jul 97  4
      15 May 98  5

* Contested report.  A similar appeal submitted under  the  provisions
of AFI 36-2401 was considered and  denied  by  the  Evaluation  Report
Appeal Board (ERAB) on 28 April 1998.

___________________________________________________________________

AIR FORCE EVALUATION:

The  Airman  Promotions   Branch,   AFPC/DPPPWB,   provided   comments
addressing supplemental promotion  consideration.   Should  the  Board
void the contested report in its  entirety,  or  upgrade  the  overall
rating, providing he is otherwise  eligible,  the  applicant  will  be
entitled to supplemental promotion consideration beginning with  cycle
98E6.  However, the applicant will not become a selectee  during  this
cycle if the Board grants his request.  (Exhibit C)

The BCMR and SSB Section, AFPC/DPPPAB, reviewed this  application  and
recommended denial.  Their comments, in part, follow.

Noting the statements from the individuals outside the  rating  chain,
DPPPAB stated that while  these  individuals  are  entitled  to  their
opinions of the applicant, they (DPPPAB) found no  reason  to  believe
they were  in  a  better  position  to  assess  the  applicant’s  duty
performance during the contested rating period than those specifically
charged with his evaluation.  In the absence of information  from  the
evaluators, official substantiation of error  or  injustice  from  the
Inspector General (IG) or  Social  Actions  is  appropriate,  but  not
provided  in  this  case.   It  appears  the  contested   report   was
accomplished in direct accordance with Air Force policy in  effect  at
the time it was rendered.

Applicant believes his rating  chain  failed  to  write  an  EPR  that
accurately portrayed his duty performance.  It is not up to the  ratee
to determine which accomplishments will appear on an EPR.  Rather,  it
is the raters responsibility to determine the achievements  that  will
be reflected on the evaluation report.

Applicant contends the contested EPR  is  inconsistent  with  previous
performance.  However, the EPR was designed to provide a rating for  a
specific period of time based on the  performance  noted  during  that
period, not based on previous reports.

Regarding applicant’s contention that his duty title is  incorrect  on
the contested report, DPPPAB noted that he failed to provide  anything
from the rating chain to prove  they  erred  when  they  rendered  the
report.  DPPPAB was not convinced that the duty title on  the  EPR  is
inaccurate.

Applicant contends he was not given appropriate feedback.  However, he
provided two performance feedback worksheets dated in Jan and  Jun  97
indicating he received at  least  two  feedback  sessions  during  the
reporting period.  DPPPAB noted he was  cautioned  about  questionable
respect for authority several times, one of which resulted in a Letter
of Reprimand.  Even if the applicant were  to  prove  the  performance
feedback he received was inadequate (and they don’t believe  he  has),
lack of counseling or  feedback,  by  itself,  is  not  sufficient  to
challenge the accuracy or justness of a report.

Applicant contends he did not receive adequate training to perform his
duties.  The applicant must provide  supporting  statements  from  his
rating chain officials who can give  specific  information  about  the
training problem and its impact on the EPR.  He has not done so.

DPPAB further stated that the applicant failed to provide any official
evidence to prove his evaluators were unable to  prepare  a  fair  and
accurate report.

The complete evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
14 September 1998 for review and comment within 30 days.  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.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of probable error or injustice.   We  noted  applicant's
complete submission in judging the merits of the  case.   However,  in
our opinion, these  documents  do  not  support  a  finding  that  the
assigned evaluators,  who  were  tasked  with  the  responsibility  of
assessing the applicant’s duty  performance,  were  unable  to  render
unbiased evaluations of his performance or that  the  ratings  on  the
contested report were based on factors other than the applicant’s duty
performance during the  contested  rating  period.   In  view  of  the
foregoing, we agree with the  opinion  of  the  Air  Force  office  of
primary  responsibility  and  adopt  their  findings  to  support  our
conclusion  that  the  applicant  has  failed  to   substantiate   his
allegations  that  the  contested  report  is  in  error  or   unjust.
Therefore, in the absence of evidence to  the  contrary,  we  find  no
compelling basis to recommend  granting  the  relief  sought  in  this
application.

___________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable  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  this  application  in
Executive Session on 2 March 1999, under the  provisions  of  AFI  36-
2603:

      Mrs. Barbara A. Westgate, Panel Chair
      Mr. Michael V. Barbino, Member
      Mr. Roger E. Willmeth, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 May 98, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPWB, dated 29 Jul 98.
    Exhibit D.  Letter, AFPC/DPPPAB, dated 28 Aug 98.
    Exhibit E.  Letter, SAF/MIBR, dated 14 Sep 98.




                                   BARBARA A. WESTGATE
                                   Panel Chair

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