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AF | BCMR | CY2001 | 0100107
Original file (0100107.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:            DOCKET NUMBER:  01-00107
                 INDEX CODE:  111.02
                 COUNSEL:  NONE

                 HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

The level of review in Section  VIII  of  his  Enlisted  Performance  Report
(EPR),  closing  18  Aug  98,  be  upgraded  to   reflect   Senior   Rater’s
indorsement.
___________________________________________________________________

APPLICANT CONTENDS THAT:

The EPR dated 18 Aug 97 was  removed  from  his  records  due  to  a  proven
personality conflict.  Because of that EPR, the EPR  dated  18  Aug  98  was
given to a deputy rater instead of a senior rater for indorsement.

Applicant’s complete submission, which includes letters from  his  commander
and senior rater and copies of the EPRs in question, is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date  (TAFMSD)  is  23
September 1981.  He is currently serving in the grade  of  master  sergeant,
having been promoted to that grade with an effective  date  and  a  date  of
rank of 1 May  1996.   The  following  is  a  resume  of  his  EPR  ratings,
commencing with the report closing 18 Aug 95.

      PERIOD ENDING    PROMOTION RECOMMENDATION

            18 Aug 95                   5
            18 Aug 96                   5
      * 18 Aug 97                       Voided Report
            18 Aug 98                   5
            18 Aug 99                   5
            18 Aug 00                   5

Note: * On 7 February 2000, the Board Majority voted to deny  a  request  by
         the applicant that his EPR closing 18 Aug 97 be removed  from  his
         records.  The Director, Air Force Review  Boards  Agency  accepted
         the recommendation by the Board minority and favorably  considered
         the applicant’s request (Exhibit C).

___________________________________________________________________

AIR FORCE EVALUATION:

The Evaluations Procedures Section,  AFPC/DPPPEP,  indicated  the  applicant
has provided a memorandum from the new indorser who is  willing  to  indorse
the report in place of the original  indorser.   However,  DPPPEP  does  not
believe it is ethical to make such a change without the concurrence  of  the
original evaluator.  Air Force  Policy  is  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 the  members  in  the  rating
chain -not only for support, but also  for  clarification/explanation.   The
applicant  did  not  provide  a  memorandum  from  the   original   indorser
supporting  his  request.   Therefore,  DPPPEP  recommends  the  applicant's
request be denied (Exhibit D).

The Enlisted Promotion and Military Testing Branch, AFPC/DPPPWB,  while  not
directly commenting whether the report should  be  changed,  indicated  what
course of action could be  followed  concerning  the  applicant’s  promotion
consideration should the Board approve the applicant's request (Exhibit E).

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air  Force  evaluations  and  commented  that  by
considering the rater’s rater’s endorsement letter,  an  indorsement  letter
from the senior rater and the previously submitted package, he believes  the
Board will have sufficient reasons to grant his request (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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence  of  probable   error   or   injustice.    After   reviewing   the
documentation submitted, we are  convinced  that  the  Enlisted  Performance
Report (EPR) dated 18 Aug 98 should be upgraded to reflect  a  Senior  Rater
indorsement.  Previous Board  action  removed  an  EPR  closing  18  Aug  97
because of a proven personality conflict.  We are of  the  opinion  that  it
was the existence of this inaccurate EPR that caused the EPR in question  to
warrant less than a Senior  Rater  indorsement.   While  the  applicant  was
unable to locate and secure statements from  the  rating  officials  of  the
contested  EPR,  he  has  provided  a  statement  from  the  Wing  Commander
indicating his willingness to sign the EPR if it was forwarded  to  him  for
his  consideration.   In  view  of  the  above  and  the  totality  of   the
circumstances of this case, we believe this matter  should  be  resolved  in
the applicant's favor.   Accordingly,  we  recommend  that  his  records  be
corrected as 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 the Enlisted Performance  Report  (AB
through TSgt), AF Form 910, rendered for the period 19 August  1997  through
18 August 1998, be amended in Section VIII, Final Evaluator’s  Position,  by
placing an “X” in the Senior Rater block  rather  than  the  Senior  Rater’s
Deputy block and Section 10,  Commander’s  Review,  reflect  endorsement  by
Scott C. Bergren, Major General, USAF.
_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 11 April 2001, under the provisions of AFI 36-2603:

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

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

     Exhibit A.  DD Form 149, dated 8 Jan 01 w/atchs.
     Exhibit B.  Applicant’s Military Personnel Records.
     Exhibit C.  Memorandum, AFBCMR, dated 7 Jun 00.
     Exhibit D.  Letter, AFPC/DPPPEP, dated 22 Feb 01.
     Exhibit E.  Letter, AFPC/DPPPWB, dated 22 Jan 01.
     Exhibit F.  Letter, SAF/MIBR, dated 9 Mar 01.
     Exhibit G.  Applicant’s Response, dated 18 Mar 01.



                                  BARBARA A. WESTGATE
                                  Chair
AFBCMR 01-00107




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 APPLICANT, be corrected to show that the Enlisted Performance
Report (AB through TSgt), AF Form 910, rendered for the period 19 August
1997 through 18 August 1998, be amended in Section VIII, Final Evaluator’s
Position, by placing an “X” in the Senior Rater block rather than the
Senior Rater’s Deputy block and Section 10, Commander’s Review, reflect
endorsement by XXXXXXX, Major General, USAF.








  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency

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