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AF | BCMR | CY2001 | 0002949
Original file (0002949.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-02949
            INDEX CODE:  111.02

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  The Enlisted Performance Report (EPR) rendered  for  the  period  11 May
1998 through 2 February 1999 be upgraded from a rating of “4”  to  a  rating
of “5” and the closeout date of the report changed to 11 November 1998.

2.  The start date for the Enlisted Performance Report  (EPR)  rendered  for
the period 3 February 1999 through  24  December  1999,  be  changed  to  12
November 1998.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust  and
the evidence submitted in support of the appeal are at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the grade  of
staff sergeant.

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

EPR profile since 1996 reflects the following:

      PERIOD ENDING    EVALUATION OF POTENTIAL

             4 Feb 96        5
             4 Feb 97        5
             3 Nov 97        5
            10 May 98        5


      *      2 Feb 99        4
      *     24 Dec 99        5
            24 Dec 00        5

*  Contested reports.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Chief,  Inquiries/AFBCMR  Section,  Enlisted  Promotions  and  Military
Training Branch, HQ AFPC/DPPPWB, reviewed  this  application  and  indicates
that the first time the contested report was  considered  in  the  promotion
process was cycle 00E6 to technical sergeant  (promotions  effective  August
2000 - July 2001).  However, because  the  applicant  was  selected  to  the
grade of technical sergeant during this  cycle,  no  supplemental  promotion
consideration will be required for this cycle should the  AFBCMR  grant  his
request.  Based  on  the  applicant’s  date  of  rank  (DOR)  for  technical
sergeant of 1 December 2000, the  subject  report  will  not  be  considered
again in  the  promotion  process  until  cycle  03E7  to  master  sergeant.
Promotions for this cycle  will  be  announced  during  May/June  2003  time
frame.

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

The Chief Evaluation  Programs  Branch,  Directorate  of  Personnel  Program
Management, HQ AFPC/DPPPE, also reviewed this application  and  states  that
the closeout date should have  been  changed  with  the  Evaluation  Reports
Appeals  Board  (ERAB)  but  was  administratively  overlooked.    Applicant
provided substantiated documentation from  previous  evaluator  and  current
evaluator to prove permanent change of assignment (PCA)  date,  which  would
change the closeout date.  Approve request to change “closeout" date from  2
February 1999 to 11 November 1998.  Also,  change  days  of  supervision  to
read 233.   This  will  require  subsequent  report  “start”  date  to  read
12 November 1998 not 3 February 1999 and days of supervision  to  read  360.
They deny the request to upgrade promotion recommendation from a “4” to  “5”
rating.    No   evidence   through   official   inquiry   or   investigation
substantiates his claims of personality clash or personal vendetta from  his
supervisor.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluations  and  provided  a  response
with attachment, that 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  supporting
documentation submitted by the applicant, we believe  the  contested  report
closing 2 February  1999  is  not  an  accurate  assessment  of  applicant's
performance during the period in  question.   We  believe  that  some  doubt
exists as to whether the rater was biased in her assessment  of  applicant's
performance in view of an apparent personality  conflict  between  the  two.
In this respect, we note the statements submitted  from  the  commander  and
the indorser of the contested report which  indicates  that  a  mistake  was
made in the rating and the applicant should have  been  rated  a  “5.”   The
indorser states that he should have resolved his previous doubts  on  rating
the applicant in his favor at the time of closeout and not in favor  of  the
supervisor’s  recommendation.   He  believes  after  reviewing  a  statement
provided by his former deputy that the applicant was  being  discredited  by
his supervisor due to a position she felt he should not fill.  The  indorser
feels that the supervisor rated the applicant too harshly.  In view  of  the
foregoing, and in an effort to offset any possibility of  an  injustice,  we
believe the contested EPR should be upgraded from  a  rating  of  ”4”  to  a
rating of “5.”

4.    The Air Force indicates that when the Evaluation Reports Appeal  Board
(ERAB) reviewed the applicant’s case,  the  contested  close-out  and  start
dates and the number of days of supervision should  have  been  adjusted  on
the two contested reports.  However, this was  administratively  overlooked.
Therefore, we recommend the applicant's records be corrected to  the  extent
indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that:

      a.  The Enlisted Performance Report, AF Form  910,  rendered  for  the
period 11 May 1998 through 2 February 1999, be amended as follows:

               1.  Section I, Item 7, the Thru date be  changed  to  reflect
11 November 1998, rather than. 2 February 1999 and Item  8,  the  Number  of
Days of Supervision be changed to 233.

               2.   Section   IV,   Promotion   Recommendation,   Indorser’s
Recommendation reflect a rating of “5.”

      b.  The Enlisted Performance Report, AF Form  910,  rendered  for  the
period 3 February 1999 through 24 December 1999, be amended  in  Section  I,
Item 7, by changing the  start  date  to  12 November  1998  rather  than  3
February 1999, and Item 8, the Number of Days of Supervision be  changed  to
360.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 14 March 2001, under the provisions of AFI 36-2603:

            Mr. Terry A. Yonkers, Panel Chair
            Ms. Carolyn J. Watkins, Member
            Mr. John E. Pettit, Member

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

   Exhibit A.  DD Form 149, dated 27 October 2000, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPWB, dated 29 November 2000.
   Exhibit D.  Letter, AFPC/DPPPE, dated 19 December 2000.
   Exhibit E.  Letter, SAF/MIBR, dated 19 January 2001.
   Exhibit F.  Letter, Applicant, dated 13 February 2001.




                                   TERRY A. YONKERS
                                   Panel Chair



AFBCMR 00-02949




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 11 May 1998 through 2 February 1999, be amended as follows:

                     1.  Section I, Item 7, the Thru date be changed to
reflect 11 November 1998, rather than. 2 February 1999 and Item 8, the
Number of Days of Supervision be changed to 233.

                     2.  Section IV, Promotion Recommendation, Indorser’s
Recommendation reflect a rating of “5.”

                b.  The Enlisted Performance Report, AF Form 910, rendered
for the period 3 February 1999 through 24 December 1999, be amended in
Section I, Item 7, by changing the start date to 12 November 1998 rather
than 3 February 1999, and Item 8, the Number of Days of Supervision be
changed to 360.




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency



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