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AF | BCMR | CY2001 | 0002733
Original file (0002733.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-02733
            INDEX CODE:  111.02

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

The Enlisted Performance Report (EPR) rendered for the  period  29 Jun
98 through 28 Jun 99 be declared void and removed from his records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The contested report was an act of reprisal for a failed court-martial
and a blatant attempt to end his  career.   Originally,  the  EPR  was
written to close out on 28 Feb 99, as it still should have  due  to  a
change of reporting official (CRO).  However, the CRO was not recorded
and the EPR was extended to include information from the court-martial
after his acquittal.  He believes the EPR was  unjust  and  should  be
removed.

In  support  of  his  appeal,  the  applicant  provided  an   expanded
statement, copies of EPRs,  performance  feedback  worksheets  (PFWs),
nominations for awards, letters of congratulations and three-day pass,
a certificate  of  achievement,  electronic  mail,  and  documentation
pertaining to the court-martial.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates
that the applicant is currently serving on active duty in the grade of
senior master sergeant, having been promoted to that grade  on  1  May
98.  His Total Active Federal Military Service Date (TAFMSD) is 25 Sep
81.

Applicant's EPR profile since 1991 follows:

     PERIOD ENDING                            EVALUATION

      15 Mar 91  5
      24 Feb 92  5
       5 Apr 93  5
       5 Apr 94  5
      11 Sep 94                          Removed by Order of the
                                       Secretary of the Air Force
      28 Jun 96  5
      28 Jun 97  5
      28 Jun 98  5
  *  28 Jun 99   5
       1 Jun 00  5

* Contested report.

Available documentation indicates that the applicant was charged  with
conspiring with another  individual  at  their  work  center  to  take
controlled test material from that individual in the form of the  USAF
Supervisory Examination (USAFSE), photocopy the exam, and  review  the
copy or actual test material prior to taking the exam; and, wrongfully
taking, reviewing, having  access  to,  and  reproducing  actual  test
material in the form of the actual test material in the  form  of  the
USAFSE, and by reviewing illegal  study  material  that  revealed  the
specific contents of actual test material.  The applicant pleaded  and
was found not guilty of the charges.

_________________________________________________________________

AIR FORCE EVALUATION:

The Enlisted  Promotion  and  Military  Testing  Branch,  AFPC/DPPPWB,
reviewed this application and indicated that if the report  is  voided
in its entirety, or changed significantly, providing he  is  otherwise
eligible, the applicant would be entitled  to  supplemental  promotion
consideration beginning with cycle 00E9, providing he is not  selected
during the initial 00E9 cycle.

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

The Evaluation Programs Branch, AFPC/DPPPE, reviewed this  application
and recommended denial.  According to DPPPE, the applicant has  failed
to provide any proof or  documentation  to  invalidate  the  contested
report.  The report contained no comments regarding his  court-martial
or behavior that led to the  court-martial  or  any  other  derogatory
information.  No  evidence  of  reprisal  is  provided,  nor  did  any
reprisal action seem to exist.  He has not  proved  that  a  CRO  ever
occurred upon his temporary reassignment  pending  completion  of  the
investigation and subsequent court-martial.  No improper procedures or
documentation existed regarding the  processing  of  the  report.   In
DPPPE’s view, the report is valid as written.

A complete copy of  the  DPPPE  evaluation,  with  attachment,  is  at
Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:


In his initial  response  to  the  advisory  opinions,  the  applicant
indicated that the original EPR provided was the smoking gun  in  this
case.  It provided proof of  intent  to  CRO  after  his  return.   It
provided clear  evidence  of  his  performance  during  the  reporting
period, and clearly showed intent to  harm  his  career  when  it  was
changed well after the reporting period with significant  indorsements
and  information  removed.   A  review  of  the   feedbacks,   awards,
statements and all the provided documentation, will  clear  show  that
the contested report was unjust and an act of reprisal.

Applicant provided a subsequent response to  an  electronic  mail  (e-
mail) from the rater’s rater that was attached to the advisory opinion
from AFPC/DPPPE, but was not  previously  provided  to  him  with  the
opinion.  In his response, the applicant  indicated  that  he  remains
steadfast in his belief that  the  contested  report  was  an  act  of
reprisal, and that the statement from the rater’s rater is  not  true.
He believes that he has provided sufficient information to demonstrate
that the report was filled with errors and intentional  actions  aimed
at ending his career.  It was not a measure of  his  performance,  but
was an obvious act of  reprisal.   These  types  of  actions  must  be
corrected/eliminated if there is to be a truly just system.

Applicant’s total responses and additional  documentary  evidence  are
attached at Exhibits F and G.

_________________________________________________________________

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.   The  applicant's
complete submission was thoroughly reviewed and his  contentions  were
duly noted.  However, we do not find  the  applicant’s  uncorroborated
assertions, in and of themselves, sufficiently persuasive to  override
the rationale provided by AFPC/DPPPE.  Therefore, in  the  absence  of
evidence that the contested report was an inaccurate depiction of  the
applicant’s performance at the time it was rendered, or was  based  on
factors other than his performance, we  adopt  AFPC/DPPPE’s  rationale
and conclude that no basis exists 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   issues   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 11 Apr 01, under the provisions of AFI 36-2603:

      Mrs. Barbara A. Westgate, Chair
      Mrs. Carolyn J. Watkins, Member
      Mr. Clarence D. Long III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Oct 00, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPWB, dated 26 Oct 00.
    Exhibit D.  Letter, AFPC/DPPPE, dated 9 Nov 00, w/atch.
    Exhibit E.  Letter, SAF/MIBR, dated 8 Dec 00 and 15 Dec 01,
                w/atchs.
    Exhibit F.  Letter, applicant, dated 27 Dec 00, w/atch.
    Exhibit G.  Letter, applicant, dated 12 Mar 01, w/atch.




                                   BARBARA A. WESTGATE
                                   Chair



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