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AF | BCMR | CY2001 | 0003287
Original file (0003287.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  00-03287

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Enlisted Performance Report (EPR) rendered for the period   12 Jul
97 through 11 Jul 98 be declared void.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Since the commander could not prove his participation in  any  alleged
illegal activities, his performance rating should be  based  on  known
facts not speculation or any  unsubstantiated  thoughts.   It  is  his
opinion that this report  reeks  of  guilty  before  proven  innocent.
Without conviction or actual proof, this report was based on  unproven
performance.  The commander used the EPR as punishment when he  should
have taken the appropriate administrative or disciplinary  actions  to
slow or stop his future promotion opportunities.  The contested report
is an inaccurate assessment of his performance  during  the  contested
period.

In support of the appeal, applicant  submits  a  copy  of  a  redacted
Inspector General (IG) report.

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
Reports Appeal Board (ERAB) on 20 Apr 00.

Pursuant to the Board’s request, the  Air  Force  Office  of  Special
Investigation  (AFOSI)  provided  a  copy  of  the  AFOSI  Report  of
Investigation pertaining to the case (Exhibit C).

The applicant filed an Inspector General (IG) complaint on 12  Nov  98
concerning allegations of reprisal for a protected communication.  The
10 Feb 99 Summary Report of Investigation (SROI)  concluded  that  the
evidence  did  not  substantiate  the  applicant’s  allegations   (see
attached SROI at Exhibit H).

EPR profile since 1995 reflects the following:

          PERIOD ENDING      OVERALL EVALUATION

           11 Jul 95                     5
           11 Jul 96                     5
           11 Jul 97                     5
       *   11 Jul 98                     5
           11 Jul 99                     5
           02 May 00                     5

     *  Contested report.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Chief,  Inquiries/AFBCMR  Section,  AFPC/DPPPWB,  reviewed   this
application and states the first time the report was considered in the
promotion process  was  for  cycle  99E8  to  senior  master  sergeant
(promotions effective Apr 99 - Mar 00).  Should the AFBCMR  grant  his
request, providing the applicant is otherwise  eligible,  he  will  be
entitled to supplemental promotion consideration beginning with  cycle
99E8.

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

The Chief, SSBs & BCMR Appeals Section, AFMPC/DPMAJA1,  also  reviewed
this application and recommends denial.  In this case,  the  applicant
was investigated by the OSI and was suspect  in  criminal  activities.
There may not have been enough evidence to pursue UCMJ action  against
the ratee; however, the commander (rater’s rater) may have been of the
opinion the member’s traditional values, integrity, and  loyalty  came
into question as a result of the investigation and elected to document
it on his EPR.  They do not know if this markdown is a  direct  result
of the suspected involvement in criminal activities or just a  general
observation during the rating period.  Regardless, it is  the  rater’s
rater’s  responsibility  as  an  evaluator  to  consider  all  factors
regarding the applicant’s performance during  the  rating  period,  to
include  professional  qualities.   His   assessment   concludes   the
applicant merely sets the  example  for  others  to  follow  and  does
warrant a rating that indicates the applicant epitomizes the Air Force
professional.  He has fulfilled his responsibilities as an  evaluator.
An EPR is  considered  valid,  as  written,  substantial  evidence  is
required to challenge a report’s accuracy.   The  applicant  does  not
provide effective evidence this EPR is an inaccurate documentation  of
his performance, nor does the applicant provide any new information to
support this appeal.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the opinions and provided a response, which  is
at Exhibit 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.  After a thorough review
of the evidence of record  and  applicant’s  submission,  we  are  not
persuaded that the report in question  should  be  declared  void  and
removed from  his  records.   He  alleges  reprisal  for  a  protected
communication.  However, an IG investigation has  concluded  that  the
applicant’s allegation of reprisal for a protected  communication  was
not substantiated.  No evidence has been presented which would lead us
to  believe  that  the  findings  of  the  IG  were  erroneous.    His
contentions are duly noted; however, we do not find these  assertions,
in  and  by  themselves,  sufficiently  persuasive  to  override   the
rationale provided by the Air Force.  We note the  applicant  has  not
submitted any supporting  documentation  and  has  failed  to  provide
evidence  showing  the  report  was  not  an  accurate  assessment  as
rendered.  We therefore agree with  the  recommendations  of  the  Air
Force and adopt the rationale expressed as the basis for our  decision
that the applicant has failed  to  sustain  his  burden  that  he  has
suffered either an error or  an  injustice.   Therefore,  we  find  no
compelling basis to recommend granting the relief sought.

_________________________________________________________________

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 30 August 2001, under the provisions of  AFI  36-
2603:

                 Mr. Patrick R. Wheeler, Panel Chair
                 Ms. Martha Maust, Member
                 Mr. Philip Sheuerman, Member


The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 8 Nov 00, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. OSI Report, withdrawn.
      Exhibit D. Letter, AFPC/DPPPWB, dated 2 Jan 01.
      Exhibit E. Letter, AFPC/DPPPE, dated 9 Jan 01.
      Exhibit F. Letter, SAF/MIBR, dated 16 Feb 01.
      Exhibit G. Applicant's response, dated 9 Mar 01.
      Exhibit H. IG Report, withdrawn.






      PATRICK R. WHEELER
      Panel Chair


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