RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:            DOCKET NUMBER:  01-00364
                 INDEX CODE:  112.05
                 COUNSEL:  NONE

                 HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His Enlisted Performance Report (EPR) for the period 8 Aug  98  through  29
Jun 99 be declared void and removed from his record.

___________________________________________________________________

APPLICANT CONTENDS THAT:

Administrative errors  were  made  in  processing  the  performance  report.
Overemphasis was placed on a single isolated incident.  Two different  legal
offices have provided contradicting interpretations of the same  regulation.
  Additionally,  the  overemphasis  of  the  single  isolated  incident  has
effectively ended his promising career.  If the  report  stands  as  is,  it
would truly represent a “One Mistake Air Force.”  He has paid his  dues  for
the unfortunate mistake and only wishes to  put  it  behind  him  and  be  a
productive member of the Air Force.

In support of his application, the applicant submits copies of  an  AF  Form
948; Application for Correction/Removal  of  Evaluations  Reports  dated  19
June 2000 and 2 October 2000 with attachments and his EPRs as a senior  non-
commissioned  officer.   Included  in   this   submission   are   supportive
statements from his  current  commander,  first  sergeant,  and  unit  chief
enlisted manager (Exhibit A).

___________________________________________________________________

STATEMENT OF FACTS:

The applicant contracted his initial enlistment in the Regular Air Force  on
6 May 1982.  He has continued to serve on active  duty,  entering  his  most
recent enlistment on 13 Jan 1999, when he reenlisted for  a  period  of  six
years.  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
July 1995.  The following is a resume of his EPR  ratings,  commencing  with
the report closing 11 Jan 1994.




      PERIOD ENDING    PROMOTION RECOMMENDATION

             1 May 94                   5
             1 May 95                   5
             1 May 96                   5
             1 May 97                   5
             1 May 98                   5
      * 29 Jun 99                       2
            29 Jun 00                   5
            16 Mar 01                   5

Note: * Contested Report.  A similar appeal by the applicant was  considered
         and denied by the Evaluation Report Appeal Board.

___________________________________________________________________

AIR FORCE EVALUATION:

The Performance Evaluation Section,  AFPC/DPPPEP,  indicated  the  applicant
was arrested and charged with Driving Under the Influence (DUI) on 17  April
1999.   His  commander  presented  him  with  an  Article  15,   Nonjudicial
Punishment, on 29 June 1999.  Although the Article 15  was  finalized  after
the closeout date of the EPR, the fact remains he received  the  Article  15
and signed for it before the  report  closed  out.   Additionally,  HQ  AFPC
granted an extension of the closeout date for the sole purposes of  allowing
evaluators to include the information in  the  applicant’s  report.   DPPPEP
believes that to  remove  the  report  would  make  the  applicant’s  record
incomplete and, inasmuch as the applicant has not provided  any  information
from his rating chain supporting his request  to  void  the  report,  DPPPEP
recommends the request be denied (Exhibit C).

The Enlisted Promotion and Testing Branch, AFPC/DPPPWB, while  not  directly
commenting on whether the report should be removed,  indicated  what  course
of action could be  followed  with  respect  to  the  applicant’s  promotion
considerations should the Board approve  the  applicant's  request  (Exhibit
D).

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force Evaluations were  forwarded  to  the  applicant  for
review and response.  As of this date, this office has received no  response
(Exhibit E).

___________________________________________________________________




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  EPR  should  be  removed
from the applicant's record.  The Board took note  of  the  AWFC/JA  opinion
that Articles 15 are not officially imposed until  the  commander  concludes
that the member committed one or more of  the  alleged  offenses  and  notes
that decision by checking block six and signing block 8  on  AF  Form  3070.
The Staff Judge Advocate further indicates that the Article  15  offered  to
the applicant on 29 June  1999  was  not  imposed  until  1  July  1999  and
therefore was not complete on 29 June  1999.  Inasmuch  as  the  Article  15
offered the applicant was not complete on  29  June  1999,  we  are  of  the
opinion that any reference to the Article 15  in  the  applicant’s  Enlisted
Performance Report rendered for the period 8  August  1998  through  29 June
1999 was inappropriate.  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  Senior  Enlisted  Performance
Report (MSgt thru CMSgt), AF Form 911, rendered for the period  2  May  1998
through 29 June 1999 be declared void and removed from his records.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 30 May 2001, under the provisions of AFI 36-2603:


      Ms. Charlene M. Bradley, Panel Chair
      Ms. Martha Maust, Member
      Mr. Lawrence M. Groner, Member

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

     Exhibit A.  DD Form 149, dated 31 Jan 01 w/atchs.
     Exhibit C.  Letter, AFPC/DPPPEP, dated 27 Mar 01.
     Exhibit D.  Letter, AFPC/DPPPWB, dated 15 Feb 01.
     Exhibit E.  Letter, SAF/MIBR, dated 6 Apr 01.




CHARLENE M. BRADLEY


AFBCMR 01-00364




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 Senior Enlisted
Performance Report (MSgt thru CMSgt), AF Form 911, rendered for the period
8 August 1998 through 29 June 1999 be, and hereby is, declared void and
removed from his records.








  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency