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AF | BCMR | CY1999 | 9901362
Original file (9901362.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  99-01362
            INDEX CODE:  111.02

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Enlisted Performance Report (EPR) rendered for the period 9 Jun 94
through 8 Jun 95 be declared void and removed from her  records,  and,
that all personnel actions be recalculated using the adjusted data.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The contested report was unjust.

In support of her appeal, the applicant provided copies of her AFI 36-
2401 appeal applications, to include statements  from  the  rater  and
indorser of the contested report, and a copy of the report.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was relieved from active duty on  31  May  99  and  retired,
effective 1 Jun 99, in the grade of staff sergeant.  She was  credited
with 20 years and 2 days of active duty service.

Applicant's APR/EPR profile since 1987 follows:

      PERIOD ENDING    EVALUATION

      20 Jan 87        9
      20 Jan 88        9
      20 Jan 89        9
       1 Oct 89        8
       8 Jun 90        4 (EPR)
       8 Jun 91        4
       8 Jun 92        5
       8 Jun 93        5
       8 Jun 94        5
  *   8 Jun 95         3
       8 Jun 96        4
       8 Jun 97        5

* Contested report.

_________________________________________________________________

AIR FORCE EVALUATION:

The Enlisted  Promotion  and  Military  Testing  Branch,  AFPC/DPPPWB,
reviewed this application and  indicated  that  should  the  contested
report be voided or upgraded, providing she is otherwise eligible, the
applicant would be entitled to  supplemental  promotion  consideration
beginning with cycle 96E6.  According to DPPPWB, the  applicant  would
not become a selectee during cycles, 96E6, 97E6, or 98E6 if the  Board
grants the request.

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

The  BCMR  Appeals  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 of the members  of  the  rating  chain--not
only  for  support,  but  also  for  clarification/explanation.    The
applicant has failed  to  provide  any  information/support  from  the
commander on the contested EPR.  In the absence  of  information  from
all of the evaluators, official substantiation of error  or  injustice
from the Inspector General  (IG)  or  Military  Equal  Opportunity  is
appropriate,  but  not  provided  in  this  case.   The  EPR  was  not
inaccurate or unjust simply because the  applicant  believes  that  it
was.  It appears that the report was accomplished in direct accordance
with applicable regulations.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant on  26
Jul 99 for review and response.  As of this date, no response has been
received by this office (Exhibit E).

_________________________________________________________________

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.  After reviewing all  of
the evidence provided, we are unpersuaded that the contested report is
an  inaccurate  assessment  of   the   applicant’s   performance   and
demonstrated potential for the period  in  question.   In  the  rating
process, each evaluator is required to assess a  ratee’s  performance,
honestly and  to  the  best  of  their  ability.   We  note  that  the
commander, in an exercise of his  discretionary  judgment,  downgraded
the ratings assigned by the rater and indorser and, in a  Supplemental
Evaluation Sheet, stated that the applicant did  not  work  well  with
junior personnel with more knowledge in training area, and did not set
a professional example.  No evidence has been provided which has shown
to our  satisfaction  that  the  commander  abused  his  discretionary
authority, that the commander’s  rating  was  based  on  inappropriate
considerations, or that the report  is  technically  flawed.   In  the
absence of such evidence, the applicant’s  request  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 2 Dec 99, under the provisions of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. Clarence D. Long III, Member
      Mr. Patrick R. Wheeler, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 May 99, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPWB, dated 2 Jun 99.
    Exhibit D.  Letter, AFPC/DPPPAB, dated 6 Jul 99.
    Exhibit E.  Letter, SAF/MIBR, dated 26 Jul 99.




                                   RICHARD A. PETERSON
                                   Panel Chair

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