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AF | BCMR | CY2000 | 0002115
Original file (0002115.doc) Auto-classification: Approved


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-02115
            INDEX CODE:  111.05

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

The Enlisted Performance Report (EPR) rendered for the  period  1 June  1997
through 31 May 1998, be declared void and  replaced  with  a  reaccomplished
report covering the same period.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The contested report is an inaccurate assessment of her  performance  during
the contested period.  The rating is unfair  because  it  lacks  significant
achievements.

In support  of  her  appeal,  the  applicant  provided  the  contested  EPR,
statements by the rater  (dated  8  February  2000  &  27  July  2000),  the
indorser (dated 21 December 1999), and  the  commander  (dated  15  December
1999 & 7 April 2000) of the contested  report,  the  reaccomplished  report,
and a letter from the Superintendent,  436th  Aerospace  Medicine  Squadron,
dated 12 July 2000.

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
senior airman.

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






EPR profile since 1993 reflects the following:

          PERIOD ENDING      OVERALL EVALUATION

           31 May 94                     4
           31 May 95                     5
           31 May 96                     4
           31 May 97                     5
         * 31 May 98                     4
           31 May 99                     5
           31 May 00                     5

     *  Contested report.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Inquiries/AFBCMR Section, Enlisted Promotion &  Military  Testing
Branch, AFPC/DPPPWB, reviewed this application and  states  that  the  first
time the report was considered in the promotion process was  cycle  99E5  to
staff sergeant (promotions effective September 1999 - August 2000).   Should
the AFBCMR upgrade the overall rating, or exchange the report as  requested,
providing she is otherwise  eligible  the  applicant  will  be  entitled  to
supplemental  promotion  consideration  beginning  with  cycle  99E5.    The
applicant will become a select during this cycle if the  AFBCMR  grants  the
request.  The applicant was selected during the 00E5 cycle with  a  date  of
rank  and  effective  date  of  1 September  2000.   They   defer   to   the
recommendation of AFPC/DPPPAB.

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

The Acting Chief, Appeals and SSB Branch, Directorate of  Personnel  Program
Management, also reviewed this application and  states  that  based  on  the
evidence provided, they recommend denial.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 8 September 2000, copies of the Air Force evaluations were  forwarded  to
the applicant for review and response within thirty (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 warranting  the  EPR  rendered  for
the period 1 June 1997 through 31 May 1998, be declared  void  and  replaced
with a reaccomplished report covering the same period.  After reviewing  the
evidence submitted with  this  appeal,  a  majority  of  the  Board  is  not
persuaded that the contested report  is  either  in  error  or  unjust.  The
majority notes that the applicant has submitted statements from  the  rating
chain; however, these statements do not provide sufficient justification  to
warrant voidance of the contested report.  In view of  the  above  findings,
we agree with the opinion and recommendation of  the  Air  Force  and  adopt
their rationale as the basis for our conclusion that the applicant  has  not
been the victim of an error or injustice.   Therefore,  in  the  absence  of
evidence to the contrary, the majority of  the  Board  finds  no  compelling
basis to recommend granting the relief sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

A majority of the panel finds insufficient evidence of  error  or  injustice
and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 15 November 2000, under the provisions of AFI 36-2603:

                  Mr. Benedict A. Kausal IV, Chair
                  Mr. Christopher Carey, Member
                  Mr. Joseph A. Roj, Member

By majority vote, the Board recommended  denial  of  the  application.   Mr.
Carey voted to correct the records but does not wish to  submit  a  minority
report.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 4 Aug 00, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPWB, dated 15 Aug 00.
   Exhibit D.  Letter, AFPC/DPPPAB, dated 28 Aug 00, w/atchs.
   Exhibit E.  Letter, SAF/MIBR, dated 8 Sep 00.




                                BENEDICT A. KAUSAL, IV
                                Chair

AFBCMR 00-02115





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:

      a.  The Enlisted Performance Report, AF Form 910, rendered for the
period 1 June 1997 through 31 May 1998, be, and hereby is, declared void
and removed from her records.

      b.  The attached Enlisted Performance Report, AF Form 910, rendered
for the period 1 June 1997 through 31 May 1998, be placed in her records in
the proper sequence.

      It is further directed that he be provided supplemental consideration
for promotion to the grade of staff sergeant commencing with cycle 99E5.

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





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

Attachment:
Reaccomplished EPR, dated 1 June 1998.





MEMORANDUM FOR EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
                  CORRECTION OF MILITARY RECORDS (AFBCMR)

FROM: SAF/MIB

SUBJECT:             AFBCMR Docket Number 00-02115

      I have carefully considered the rationale of the majority members of
the AFBCMR panel; however, I agree with the minority member that the
contested Enlisted Performance Report (EPR) closing 31 May 1998 should be
declared void and replaced with a reaccomplished report.

      After reviewing the statements from the rating chain and the
Superintendent of the applicant’s squadron, I am persuaded that the
contested report does not accurately reflect the applicant’s duty
performance during the rating period.  Specifically, I note that the rater
was counseled regarding his supervisory skills and apparently had not
received adequate training on the preparation of EPRs; in fact, according
to the applicant’s commander, the rater required assistance in writing EPRs
on his subordinates and tended to downgrade his subordinates’ achievements.
 Therefore, based on these statements, the possibility exists that the
rater was unable to render an honest assessment of the applicant’s
accomplishments and performance during the rating period.  Therefore, it is
my decision that the contested report should be voided and replaced with
the reaccomplished report and the applicant be provided supplemental
promotion consideration for all cycles for which the contested report was a
matter of record.

                                       JOE G. LINEBERGER
                                       Director
                                       Air Force Review Boards Agency



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