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AF | BCMR | CY1999 | 9802091
Original file (9802091.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  98-02091
            INDEX CODE:  111.02

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Enlisted Performance Report rendered  for  the  period  1  Aug  95
through 25 Apr 97 be amended by changing the period of the  report  to
read 1 Aug  95  through  29  Mar  97,  and,  the  number  of  days  of
supervision be changed from 267 days to 120 days.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The  closeout  date  and  the  number  of  days  of  supervision  were
erroneous.  If the contested report had closed out on 29  Mar  97,  it
would have made the promotion eligibility cutoff date  (PECD)  and  he
would have been promoted.

In support of his appeal, the applicant provided a personal statement,
copies of the contested report,  permanent  change  of  station  (PCS)
orders, temporary duty (TDY) orders, promotion/testing statistics, and
extracts from AFI 36-2403.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates
that the applicant is currently serving on active duty in the grade of
senior airman, having been  promoted  to  that  grade  on  2  Jul  95.
Applicant's EPR profile follows:

      PERIOD ENDING    EVALUATION

       1 Mar 94        4
       1 Mar 95        5
      31 Jul 95        5
  *  25 Apr 97         5
      25 Apr 98        5

* Contested report.

_________________________________________________________________

AIR FORCE EVALUATION:

The Enlisted  Promotion  and  Military  Testing  Branch,  AFPC/DPPPWB,
reviewed this application and indicated that  should  the  request  be
granted, providing he is otherwise eligible, the  applicant  would  be
entitled to supplemental promotion consideration beginning with  cycle
97E5.  The applicant would become a selectee during this cycle pending
a favorable data verification check  and  the  recommendation  of  the
commander.

A complete copy of the DPPPAB evaluation is at Exhibit C.

The BCMR and SSB Section, AFPC/DPPPAB, reviewed this  application  and
recommended denial.  According to DPPPAB, it is Air Force policy  that
an evaluation report is accurate as written when it becomes  a  matter
of record.  To effectively challenge an EPR, it is necessary  to  hear
from all the members of the rating chain—not only for support, but for
clarification/explanation.  The applicant has failed  to  provide  any
information/support from the indorser or the reviewing commander  from
the contested EPR.

DPPPAB noted that the applicant arrived at Goodfellow Air Force  Base,
TX in Nov 95, and began retraining into another  Air  Force  Specialty
Code (AFSC) in Jan 96.  He successfully completed  technical  training
in May 1996, and was transferred to Fort George Meade, Maryland.  When
he arrived on 17 May 96, he was assigned "casual duty"  while  waiting
on completion of his security clearance investigation.  On 19 Aug  96,
he began working  for  his  rater  as  confirmed  by  the  25  Nov  97
memorandum from 29 IS/CC.  Since his previous EPR closed  out  31  Jul
95, he was already overdue for an annual EPR.  In accordance with  the
governing directive, he believes his supervisor should  have  rendered
an EPR after the first 120 days of supervision, with a  closeout  date
of 29  Mar  97.   DPPPAB  indicated  that  he  is  partially  correct.
However, in order to determine when the EPR should have closed out, it
is up to the applicant to provide official travel vouchers for both he
and his supervisor for review.  Although he and his rater attest  that
his rater was TDY from Nov 96 through Feb 97,  he  failed  to  provide
anything official to substantiate his claim.

According to DPPPAB, if the applicant is able to obtain copies of  his
rater's travel vouchers, he must include a memorandum from  his  rater
authorizing his use of the vouchers as part  of  his  appeal  package.
The  applicant  must  also  provide  support  from  the  indorser  and
reviewing commander from the EPR.  In the event the applicant is  able
to obtain additional  documentation  to  support  his  appeal,  DPPPAB
indicated that they would appreciate the opportunity to review it.

A complete copy of the DPPPAB evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant indicated that he is providing all the applicable  documents
concerning his request to have the contested report corrected.  All of
the individuals in his rating chain who signed the report have  signed
his letter providing the necessary clarification/explanation  required
to correct this  injustice.   He  truly  believes  that  he  has  done
everything in his power to provide all the documents necessary for the
board to reach a favorable decision.

Applicant’s complete response and additional documentary evidence  are
at Exhibit F.

_________________________________________________________________

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  error  or  injustice.   After  reviewing  the
available  evidence,  we  are  persuaded  that  corrective  action  is
warranted in this case.  We took particular  note  of  the  statements
from the applicant's rating chain supporting his appeal.  In  view  of
the above, and having no  basis  to  question  the  integrity  of  the
evaluators, we recommend that the applicant’s record be  corrected  as
indicated below.

_________________________________________________________________

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  period  1  Aug  95
through 25 Apr 97 be amended in Section I to show the  period  of  the
report as  1  Aug  95  through 29  Mar  97,  the  number  of  days  of
supervision as 120 days, and the reason for the report as “Annual.”

It  is  further  recommended  that   he   be   provided   supplemental
consideration for promotion to the grade of  staff  sergeant  for  all
appropriate cycles beginning with cycle 97E5.

If  AFPC  discovers  any  adverse  factors  during  or  subsequent  to
supplemental consideration that are separate and apart, and  unrelated
to the issues involved in this application that  would  have  rendered
the applicant ineligible for the promotion, such information  will  be
documented and presented to the Board for a final determination on the
individual's qualifications for the promotion.

If supplemental promotion consideration results in the  selection  for
promotion to the higher grade, immediately after  such  promotion  the
records shall be corrected to show that he was promoted to the  higher
grade on the date of rank established by  the  supplemental  promotion
and that he is entitled to all pay, allowances, and benefits  of  such
grade as of that date.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 13 May 99, under the provisions of AFI 36-2603:

      Ms. Martha Maust, Panel Chair
      Mr. Lawrence R. Leehy, Member
      Ms. Rita J. Maldonado, Member

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

     Exhibit A.  DD Form 149, dated 10 Jul 98, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPWB, dated 6 Aug 98.
     Exhibit D.  Letter, AFPC/DPPPAB, dated 31 Aug 98.
     Exhibit E.  Letter, SAF/MIBR, dated 14 Sep 98.
     Exhibit F.  Letter, applicant, dated 25 Nov 98, w/atchs.




                                   MARTHA MAUST
                                   Panel Chair




AFBCMR 98-02091




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 , be corrected to show that the Enlisted
Performance Report, AF Form 910, rendered for the period 1 Aug 95
through 25 Apr 97 be amended in Section I to show the period of the
report as 1 Aug 95 through 29 Mar 97, the number of days of
supervision as 120 days, and the reason for the report as “Annual.”

      It is further directed that he be provided supplemental
consideration for promotion to the grade of staff sergeant for all
appropriate cycles beginning with cycle 97E5.

      If AFPC discovers any adverse factors during or subsequent to
supplemental consideration that are separate and apart, and unrelated
to the issues involved in this application that would have rendered
the applicant ineligible for the promotion, such information will be
documented and presented to the Board for a final determination on the
individual's qualifications for the promotion.

      If supplemental promotion consideration results in the selection
for promotion to the higher grade, immediately after such promotion
the records shall be corrected to show that he was promoted to the
higher grade on the date of rank established by the supplemental
promotion and that he is entitled to all pay, allowances, and benefits
of such grade as of that date.






    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency



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