RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-01735
            INDEX NUMBER:  111.01

      Timothy I. Bergstrom   COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

_______________________________________________________________

APPLICANT REQUESTS THAT:

The enlisted performance report (EPR) rendered on him for the period 16
Oct 00 through 14 Feb 01 be removed from his records.

_______________________________________________________________

APPLICANT CONTENDS THAT:

His chain of command forced him to work with and show  proper  military
courtesy to a superior NCO that had an inappropriate relationship  with
his wife, which caused him to file an Inspector General (IG) complaint.

After filing an IG complaint against his chain of  command,  he  became
the target of harassment by them.

He was given a referral EPR because his chain of command was upset with
him for filing an IG complaint against them.

The applicant’s complete submission is at Exhibit A.

_______________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the regular Air Force on  29  Apr  98  for  a
period of four years.  A resume of the applicant’s EPRs follows:

      Closeout Date               Overall Rating


        15 Oct 99                       5

    15 Oct 00                     5
   *14 Feb 01                     2

*  Contested EPR

On 15 Sep 00, the applicant filed a complaint with the Installation  IG
making the following allegations with the indicated findings:

        a.   That his duty section  allowed  “tacking  on”  of  stripes
which caused bodily harm (Substantiated).

        b.  That his duty section  allowed  offensive  and  humiliating
comments to be made (Not substantiated).

On 10 Apr 01, the applicant’s squadron commander notified him  that  he
was recommending  his  discharge  from  the  Air  Force  for  a  mental
disorder.  The applicant acknowledged receipt on 10 Apr 01.  On 13  Apr
01, after consulting counsel, the applicant submitted  a  statement  to
the commander indicating that he did not disagree  with  the  discharge
action.  He explained in his statement why he believed he had developed
the adjustment disorder.  He requested that based on his record  he  be
allowed to serve until the end of Apr 01 in order to meet  requirements
for the G I Bill.  On 17 Apr 01, his squadron commander recommended  to
the wing commander, the discharge  authority,  that  the  applicant  be
discharged from the Air Force  for  a  mental  disorder  and  given  an
honorable discharge.  The Staff Judge Advocate reviewed  the  discharge
package, found it legally sufficient and recommended that the discharge
authority approve the applicant’s discharge from the Air Force with  an
honorable   service    characterization,    without    probation    and
rehabilitation (P & R).  On 29 Apr 01, the Wing commander approved  the
applicant’s  discharge  with  an  honorable  characterization  and   no
opportunity for P & R.  The applicant was discharged on 2 May 01.

_______________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPWB evaluated this application in regards to the impact of  the
contested  EPR  on  the  applicant’s   promotion   consideration.    No
recommendation is made.

The applicant  was  rendered  ineligible  for  promotion  consideration
during cycle 01E5 due to the referral report closing out 14 Feb  01  as
well as the involuntary separation action initiated by his commander on
17 Apr 01.  Even if the referral  EPR  is  removed  as  requested,  the
applicant would still be ineligible for the 01E5 cycle.

The complete evaluation is at Exhibit C.

AFPC/DPPPEP evaluated this application and  recommends  denial  of  the
applicant’s request to void his report.

According to the IG complaint filed by the applicant, the  decision  by
his commander to return the staff sergeant to  the  flight  only  three
months after his indiscreet behavior with the applicant’s wife affected
the applicant’s mental  health.   The  applicant  was  recommended  for
discharge based on the mental health provider’s recommendation.

Because the rater and additional rater were not  mentioned  in  the  IG
complaint, there is no reason for them to determine that the evaluation
is not accurate.  To effectively challenge the EPR, the applicant would
need to show the evaluation was an inaccurate reflection  of  his  duty
performance.  Also, since the evaluators  were  not  named  in  the  IG
complaint, it would be necessary  to  have  them  provide  any  support
substantiating the applicant’s claim.

The complete evaluation is at Exhibit D.

AFPC/DPPAE evaluated this application in  regards  to  the  applicant’s
Reenlistment Eligibility (RE) Code.

The RE code of 1R, “First-term airmen, selected for reenlistment  under
the SRP” is incorrect.  Airmen should not separate with this  RE  code.
Based on documentation in the applicant’s file and the narrative reason
for his separation, “Personality  Disorder”  they  recommend  that  the
applicant’s RE code be changed to 2C, “Involuntarily separated with  an
honorable discharge; or entry level separation without characterization
of service.”

The complete evaluation is at Exhibit E.

_______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant  0n
12 Oct 01 for review and comment within 30 days.  To date,  a  response
has not been received.

_______________________________________________________________

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.   While  the  Board  was  not
fully convinced that the ratings given the applicant on  the  contested
EPR were in error, we were also not convinced that  the  applicant  was
afforded sufficient counseling and help to deal with  the  problems  he
faced.  We note that on  the  EPRs  written  prior  to  development  of
serious problems in his personal life, he had been a stellar  performer
and that his decline in performance, as  documented  on  the  contested
report, is attributed almost solely to his inability  to  handle  these
problems.  In that regard, we believe that the demands  placed  on  him
while dealing with his  deteriorating  marriage  and  the  decision  to
reassign the NCO that was punished for involvement with his  wife  back
to the same duty section may have created an environment where  he  was
destined to fail.  As a result, we believe that the  contested  EPR  is
unjust.  Therefore,  we  recommend  that  the  applicant’s  records  be
corrected as indicated below.  We note the comments  regarding  the  RE
code issued at the time of separation; however, we believe it would  be
inappropriate to recommend a change at this time.

_______________________________________________________________

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, AF Form 910, rendered on him for the period 16  Oct
00 through 14 Feb 01, be declared void and removed from his records.

_______________________________________________________________

The following members of  the  Board  considered  this  application  in
Executive Session on 13 November 2001, under the provisions of AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Panel Chair
      Mr. Philip Sheuerman, Member
      Ms. Carolyn B. Willis, Member

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

     Exhibit A.  DD Form 149, dated 14 Jun 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPPWB, dated 6 Sep 01,
                 w/atchs.
     Exhibit D.  Memorandum, AFPC/DPPPEP, dated 28 Sep 01.
     Exhibit E.  Memorandum, AFPC/DPPAE, dated 5 Oct 01.
     Exhibit F.  Letter, SAF/MIBR, dated 12 Oct 01.




                                   THOMAS S. MARKIEWICZ
                                   Vice Chair



AFBCMR 01-01735




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 XXXXXXXX, XXX-XX-XXXX, be corrected to show that
the Enlisted Performance Report, AF Form 910, rendered on him for
the period 16 Oct 00 through 14 Feb 01, be, and hereby is, declared
void and removed from his records.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency