RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  99-00532
            INDEX CODE:  111.02

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Enlisted  Performance  Report  (EPR)  rendered  for  the  period
16 March 1996 through 15 March 1997 be  declared  void  and  removed
from his records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The contested report is an inaccurate assessment of his  performance
during the contested period.

Final  endorsement  recommendation  was  based  on   career   action
voluntarily taken by him after closeout of performance report.

In support of the appeal, applicant submits a personal statement,  a
copy of the contested EPR, a letter from Military  Personnel  Flight
(MPF), and other documentation.

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 master sergeant.

The applicant appealed the contested report under the provisions  of
AFI 36-2401, and  the  appeal  was  considered  and  denied  by  the
Evaluation Report Appeal Board (ERAB).

His EPRs rendered from 1995 through 1999 reflects a rating of “5” in
evaluation of potential on all reports.

_________________________________________________________________





AIR FORCE EVALUATION:

The  Chief,  Promotion,   Evaluation   and   Recognition   Division,
Directorate of Personnel Program Management, HQ AFPC/DPPP,  reviewed
this application and states the applicant has failed to provide  any
information/support from the rating  chain  on  the  contested  EPR.
They did find a handwritten memorandum from the applicant’s rater in
the ERAB’s case file.   The  memorandum  states,  “I  told  the  SEA
(Senior Enlisted Advisor) that Randy is not  my  best  MSgt.   As  a
Shirt he should not be promoted but if returned to his career  field
he should be promoted.  As a result  Wing/CC  indorsement  will  not
occur.”

All EPRs on a Chief Master Sergeant (CMSgt), Senior Master  Sergeant
(SMSgt), and MSgt on active duty become a matter of record when  the
Air Force Personnel Center (AFPC) files the original  (or  certified
copy) in  the  member’s  senior  noncommissioned  officer  selection
folder (SNCOSF).  EPRs are work copies and evaluators may correct or
redo them until they become a matter of record.  The draft  copy  of
the EPR was reviewed by personnel at HQ AFPC/DPPPEP on 19 March 1997
and was returned to the unit because it was not signed by the  final
evaluator.  Since that version of the report never became  a  matter
of record, that is, was never filed in the  applicant’s  SNCOSF,  it
could be reaccomplished in its entirety by the  evaluators  when  it
was returned to the unit for corrections.  Therefore, they recommend
denial of applicant’s request.

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

The Chief, Inquiries/AFBCMR Section Enlisted  Promotion  &  Military
Testing Branch, HQ AFPC/DPPPWB, also reviewed this  application  and
states that should the  AFBCMR  grant  his  request,  providing  the
applicant is otherwise eligible, he will be entitled to supplemental
promotion consideration beginning with cycle 98E8.   They  defer  to
the recommendation of AFPC/DPPPAB.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory  opinions  and  states  that  he
attempted to contact the indorser(s) of the EPR, but they failed  to
reply to his inquiries.  The 12 May 1997, handwritten note from  the
rater is approximately two months after  the  closeout  of  the  EPR
dated 15 March 1997.  His decision to return to his previous  career
field was 12 March 1997.  The senior enlisted advisor had only  been
on  station  for  12  days  and  knew  absolutely  nothing  of   his
performance.  The previous senior  enlisted  advisor  was  fully  in
support of his receiving the senior endorsement  when  the  EPR  was
originally submitted.

As for whether or not the EPR was a matter of record is  immaterial.
The fact that the  original  EPR  was  submitted  to  the  MPF,  for
transmittal to AFPC for inclusion in his selection folder, is  proof
that the indorser fully intended to provide  him  with  the  highest
endorsement available.  The only action that  officially  transpired
after  the  submission  of  the  original   EPR   and   before   the
reaccomplishment of the EPR and its re-transmittal to AFPC on 15 May
1997, was his personal voluntary election to be released from  first
sergeant duty and returned to his original career field.  His career
decision was initiated six days after the closeout of  the  EPR  and
has no bearing on the ratings or endorsement level  of  the  EPR  in
question.

His performance during his entire career in the Air Force  has  been
outstanding.   He  has  never  received  less  than   Senior   Rater
Endorsement on any EPRs for which he was promotion eligible.

Applicant's complete response is attached 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
documentation submitted, we are persuaded that the contested report is
not an accurate assessment of his performance  during  the  period  in
question.  We note that the applicant has not provided statements from
the rating chain.  However, we believe that the omission of  a  senior
rater endorsement was based on a career decision that  he  made  after
the close-out date of the contested report.  In addition, we note that
the report was originally submitted with a senior  rater  endorsement.
In view of the foregoing, and in an effort to offset  any  possibility
of an injustice, we believe the contested EPR should be declared  void
and removed from  his  records.   In  addition,  we  recommend  he  be
provided supplemental  promotion  consideration  for  all  appropriate
cycles beginning with cycle 98E8.

__________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that the  Senior  Enlisted
Performance Report, AF Form 911, rendered for the period 16 March 1996
through 15 March 1997, be, and hereby is  declared  void  and  removed
from his records.

It is further directed that he be provided supplemental  consideration
for  promotion  to  the  grade  of  senior  master  sergeant  for  all
appropriate cycles beginning with cycle 98E8.

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 qualification 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 applicant was promoted to  the
higher grade on the date  of  rank  established  by  the  supplemental
promotion and that applicant 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 29 July 1999, under the provisions of  AFI  36-
2603:

            Mr. Henry Romo Jr., Panel Chair
            Mr. Gregory H. Petkoff, Member
            Ms. Margaret Zook, Member

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

   Exhibit A.  DD Form 149, dated 15 February 1999, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPP, dated 10 March 1999, w/atchs.
   Exhibit D.  Letter, HQ AFPC/DPPPWB, dated 4 March 1999.
   Exhibit E.  Letter, SAF/MIBR, dated 29 March 1999.
   Exhibit F.  Letter, Applicant, dated 3 April 1999.




                 HENRY ROMO JR.
                 Panel Chair


AFBCMR 99-00532





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 xxxxxxxx, be corrected to show that the Senior
Enlisted Performance Report, AF Form 911, rendered for the period 16
March 1996 through 15 March 1997, be, and hereby is declared void
and removed from his records.

      It is further directed that he be provided supplemental
consideration for promotion to the grade of senior master sergeant
for all appropriate cycles beginning with cycle 98E8.

      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 qualification 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 applicant was
promoted to the higher grade on the date of rank established by the
supplemental promotion and that applicant is entitled to all pay,
allowances, and benefits of such grade as of that date.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency