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AF | BCMR | CY2001 | 0101426
Original file (0101426.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:            DOCKET NUMBER:  01-01426
                 INDEX CODE:  111.02
                 COUNSEL:  NONE

                 HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His Enlisted Performance Report (EPR) for the period ending 27 January  1997
be declared void and removed from his record.

___________________________________________________________________

APPLICANT CONTENDS THAT:

His rater’s assessment of his duty  performance  was  unjust.   His  primary
duties were as NCOIC Civil  and  Preventive  Law.   In  Section  V  (rater’s
comments) of the EPR dated 27 January 1997,  there  was  nothing  describing
his primary duties.  He feels his primary  duties  were  intentionally  left
out because, during his performance feedback on 18 June 1996 and  19  August
1996 his supervisor listed his primary duties as NCOIC of Civil  Law,  which
means his supervisor was completely aware of his job description.

In support of his application,  he  submits  an  Evaluation  Reports  Appeal
Board (ERAB) letter dated 25 September  2000,  copy  of  the  EPR  dated  27
January 1997, and AF Form 948  to  include  the  entire  package  originally
submitted to the ERAB (Exhibit A).

___________________________________________________________________

STATEMENT OF FACTS:

The applicant contracted his initial enlistment in the Regular Air Force  on
12 November 1982.  He has continued to serve on active  duty,  entering  his
most recent enlistment on 20 July 2000, when he reenlisted for a  period  of
four 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 January 1999.  The following is  a  resume  of  his  EPR  ratings,
commencing with the report closing 28 February 1994.


      PERIOD ENDING    PROMOTION RECOMMENDATION

            28 Feb 94                   5
            28 Feb 95                   5
            28 Feb 96                   5
      *     27 Jan 97 CRO                    5
            27 Jan 98                   5
            27 Jan 99                   5
            27 Jan 00                   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 Evaluations Section, AFPC/DPPPEP,  indicated  the  applicant
has failed to provide documentation from his rating  chain  to  support  his
allegation that his duties and responsibilities as the NCOIC  of  Civil  Law
and Preventive Law were very extensive, but were not recorded by  his  rater
on his EPR closing 27 January 1997.  Without their  support  they  feel  the
EPR is accurate as written.  Therefore, DPPPEP  recommends  the  applicant's
request be denied (Exhibit C).

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force  evaluation  was  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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error  or  injustice.   After  reviewing  all  of  the
evidence provided, we are not persuaded that  the  contested  report  is  an
inaccurate  depiction  of  the  applicant's  performance  and   demonstrated
potential  for  the  period  in  question.   In  the  rating  process,  each
evaluator is required to assess a ratee's performance, honestly and  to  the
best of their ability.  In judging the merits of this case, we took note  of
the  applicant's  contention  that  the  rater’s  assessment  of  his   duty
performance was unjust and not reflective of his  primary  duties  as  NCOIC
Civil and Preventive Law.  However, other than his own assertions,  we  have
seen no evidence by the applicant which would lead us to believe  the  rater
abused  his  discretionary  authority,  that  the  rating   was   based   on
inappropriate considerations, or that the  report  was  technically  flawed.
Therefore, in the absence of such evidence, the applicant's request  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 31 July 2001, under the provisions of AFI 36-2603:

      Mr. Joseph A. Roj, Panel Chair
      Ms. Nancy W. Drury, Member
      Ms. Brenda L. Romine, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 May 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  AFPC/DPPPEP Letter, dated 4 Jun 01.
    Exhibit D.  Letter, SAF/MIBR, dated 22 Jun 01.
    Exhibit E.  Applicant’s Response, dated 20 Jul 01, w/atch.




                                   JOSEPH A. ROJ
                                   Panel Chair

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