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AF | BCMR | CY1999 | 9802613
Original file (9802613.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  98-02613

                             INDEX CODE:  111.02


                             COUNSEL:  NONE

                             HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

The Enlisted Performance Report (EPR) rendered for the period 26 April  1993
through 25 April 1994 be declared void and removed from his records  and  he
be provided supplemental promotion consideration to the grade  of  technical
sergeant by cycle 95E6.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Applicant states  that  there  are  inconsistencies  in  Section  3  of  the
contested EPR, and the feedback sessions he received.  AFI 36-2403,  section
1.1.7.5, states, “Provide scheduled, requested  or  as  needed  feedback  to
help ratees improve their performance.”   AFI  36-2403,  section  2.8.2.1.3,
Raters  responsibilities,  1.   “Prepare,  schedule,  and  conduct  feedback
sessions;” 2.   “Provide  realistic  feedback  to  help  the  ratee  improve
performance.”  His supervisor indicated that his performance fell  short  of
his expectations.  This being the case, he should have  received  additional
feedbacks.  He had only received 2 feedbacks during this reporting period.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the grade  of
technical sergeant.

The applicant filed three similar  appeals  under  AFI  36-2401,  Correcting
Officer and Enlisted  Performance  Reports.   The  first  two  appeals  were
denied and  the  third  application  was  returned  without  action  by  the
Evaluation Reports Appeal Board (ERAB).

EPR profile since 1992 reflects the following:



      PERIOD ENDING    EVALUATION OF POTENTIAL

        19 Sep 91            4
        25 Apr 92            5
        25 Apr 93            4
       *25 Apr 94            3
        25 Apr 95            4
        25 Apr 96            4
        25 Apr 97            5
        25 Sep 97            5

*  Contested report.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, SSB & BCMR Section, AFPC/DPPPAB, reviewed  this  application  and
states that Air Force policy is that an evaluation  report  is  accurate  as
written when it becomes a matter of record.  It takes  substantial  evidence
to the contrary  to  have  a  report  changed  or  voided.   To  effectively
challenge an EPR, it is important to  hear  from  all  the  members  of  the
rating chain, not  only  for  support,  but  for  clarification/explanation.
Without statements  from  the  rating  chain,  it  appears  the  report  was
accomplished in direct accordance with  applicable  regulations.   Based  on
the evidence provided, they recommend denial of applicant's request.

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

The  Chief,  Inquiries/AFBCMR  Section,  AFPC/DPPPWB,  also  reviewed   this
application and states that should the Board void the  contested  report  in
its entirety, upgrade the overall rating,  or  make  any  other  significant
change, providing the applicant is otherwise eligible,  the  applicant  will
be entitled to supplemental promotion consideration  commencing  with  cycle
95E6.

A complete copy of their evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 2 November 1998, copies of the Air Force evaluations  were  forwarded  to
applicant for review and response 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 not timely filed; however, it is in  the  interest
of justice to excuse the failure to timely file.

3.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of probable error or injustice.  After reviewing the  evidence  of
record, we are not persuaded that the applicant’s records are  in  error  or
that he has been the victim of an injustice.   Applicant’s  contentions,  in
our opinion, have been adequately addressed by  the  appropriate  Air  Force
offices and we are in agreement with their comments and recommendation.   In
this respect, we note that the applicant has not submitted  statements  from
the rating officials or sufficient evidence to support his allegations.   In
view of the above determination and  in  the  absence  of  evidence  to  the
contrary, we find no basis upon which to recommend favorable action on  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 16 February 1999, under the provisions of AFI 36-2603:

                       Ms. Charlene M. Bradley, Panel Chair
                       Mr. Mike Novel, Member
                       Mr. Philip Sheuerman, Member
                       Ms. Phyllis L. Spence, Examiner (without vote)

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 20 Aug 98, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPAB, dated 16 Oct 98.
      Exhibit D. Letter, AFPC/DPPPWB, dated 24 Sep 98.
      Exhibit E. Letter, AFBCMR, dated 2  Nov 98.




                             CHARLENE M. BRADLEY
                             Panel Chair

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