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AF | BCMR | CY1999 | 9803333
Original file (9803333.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  98-03333
                             INDEX CODE:  111.02

                             COUNSEL:  NONE

                             HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

The Enlisted Performance Report (EPR) rendered for the period   24  February
1995 through 11 June 1996 be declared void and removed from his records,  or
as an alternative, upgrade the report.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His EPR was downgraded after his failure of a formal  technical  school  due
to extenuating circumstances.  He also states that he was not  provided  any
WAPS testing material by the  552nd  training  squadron  since  he  was  not
assigned to that squadron and his  home  squadron  was  in  the  process  of
disbanding.  The  original  orders  were  incorrectly  typed  to  reflect  a
Temporary Duty from 1 May 1995 to 16 August  1995,  a  total  duty  time  of
three and a half months.  His temporary duty was extended seven times  until
     12 February 1996,  a  total  of  ten  months  instead.   The  resulting
Aviation Service Codes have been purged from his records by  the  Air  Force
Board of Correction  of  Military  Records.   He  further  states  that  the
overriding evaluation point for this EPR  was  his  failure  of  the  formal
training course, E30000BQ0FX1,E3A, Flight Engineer.

In support of the appeal, applicant submits a statement from the rater,  who
states that the overriding evaluation point was his failure  in  the  formal
course E30000BQ0FX1, E3A Flight Engineer.  During the  reporting  period  he
had no C-141B flying activity, hence no  favorable  promotion  consideration
could be given.  Failure of his course did not justify  a  referral  EPR  in
our squadron’s opinion, as the  matter  of  continuance  of  his  retraining
status was still in question at time of EPR closeout.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________



STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 9 March 1979.

The applicant retired on 3 March 1999, in the grade of staff sergeant  based
on High Year Tenure (HYT) - 20 years active service.


EPR profile since 1991 reflects the following:

      PERIOD ENDING    EVALUATION OF POTENTIAL

         5 Apr 91            4
         5 Apr 92            4
         5 Apr 93            4
         5 Apr 94            4
        23 Feb 95            4
       *11 Jun 96            3
        11 Jun 97            4
        11 Jun 98            4

*  Contested report.

On 28 July 1998, the AFBCMR considered and granted  applicant’s  request  to
remove the ASC 00 from his records.   However,  they  found  no  basis  upon
which to recommend favorable action on  his  request  to  be  reinstated  to
flying duties as a C-141 flight engineer.  A complete copy of the Record  of
Proceedings is attached at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Appeals & SSB Branch, AFPC/DPPPA, reviewed this  application  and
states  that  in  the  absence  of  information  from  evaluators,  official
substantiation of error or injustice from  the  Inspector  General  (IG)  or
Social Actions would have been appropriate.  They state that  the  applicant
is trying to convince the Board  his  failure  to  receive  Weighted  Airman
Promotion System  (WAPS)  testing  material  was  the  result  of  erroneous
temporary duty (TDY) orders prepared at his home duty station.   They  point
out that while it is true a squadron normally issues WAPS  testing  material
to each member of their squadron eligible to test during a promotion  cycle,
when a person is retraining, they do not receive Career  Development  Course
(CDC) material as they normally take only the Promotion Fitness  Examination
(PFE).  Therefore, they are issued only the PFE Study Guide.  Based  on  the
evidence provided, they recommend denial of applicant's request.

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

The Chief, Inquiries/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
97E6.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 18 January 1999, 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 timely filed.

3.    Insufficient relevant evidence has been presented to  demonstrate  the
existence  of  probable  error  or  injustice.   We  took  notice   of   the
applicant's complete submission in judging the merits of the case;  however,
we agree with the opinion and recommendation of  the  Air  Force  and  adopt
their rationale as the basis for the conclusion that the applicant  has  not
been the victim of an error or injustice.   Therefore,  in  the  absence  of
evidence to the contrary, we find no compelling basis to recommend  granting
the relief sought in this application.

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 our understanding of the issue(s) involved.  Therefore,  the  request
for a hearing is not favorably considered.

______________________________________________________________

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 17 June 1999, under the provisions of AFI 36-2603:

                       Mr. Terry A. Yonkers, Panel Chair
                       Mrs. Margaret A. Zook, Member
                       Ms. Leta L. O’Connor, Member
                       Ms. Phyllis L. Spence, Examiner (without vote)

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 25 Nov 98.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Record of Proceedings, dated 18 Aug 98.
      Exhibit D. Letter, AFPC/DPPPA, dated 18 Dec 98.
      Exhibit E. Letter, AFPC/DPPPWB, dated 3 Dec 98.
      Exhibit F. Letter, AFBCMR, dated 18 Jan  99.




                             TERRY A. YONKERS
                             Panel Chair


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