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AF | BCMR | CY2001 | 0101789
Original file (0101789.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS



IN THE MATTER OF:                       DOCKET NUMBER:  01-01789
                                        INDEX CODE:  111.02

 COUNSEL:  NONE

HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Enlisted Performance Reports  (EPRs)  rendered  for  the  periods
2 Oct 98 through 1 Oct 99 and 2 Oct 99 through 2 Aug 00  be  upgraded
or declared void and removed from his records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The two EPRs were reprisal for filing both an Inspector General  (IG)
complaint and a Social Actions complaint.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service  Date  (TAFMSD)
is 9 Apr 84.  He is  currently  serving  in  the  Regular  Air  Force
(RegAF) in the grade of technical sergeant,  effective,  and  with  a
date of rank (DOR) of 1 Jan 00.

Applicant’s EPR profile since 1992 reflects the following:

            PERIOD ENDING          OVERALL EVALUATION

             14 Nov 92                     5
             23 Dec 93                     5
             23 Dec 94                     5
             23 Dec 95                     5
             23 Jan 97                     5
             23 Jan 98                     5
              1 Oct 98                     5
           *  1 Oct 99                     4
           *  2 Aug 00                     4

     * Contested reports.

Applicant submitted a similar appeal under the provisions of AFI  36-
2401,  Correcting  Officer  and  Enlisted  Evaluation  Reports.   The
Evaluation Reports  Appeal  Board  (ERAB)  returned  the  applicant’s
appeal without action and advised the  applicant  that  in  order  to
prove reprisal, he would need to contact the Inspector  General  (IG)
and file an official complaint.  Once the investigation was  complete
(reviewed and validated by  appropriate  officials),  he  could  then
resubmit his appeal under the provisions of AFI 36-2401.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Inquires/AFBCMR  Section,  AFPC/DPPPWB,  stated  that  the
first time the contested report closing 1 Oct 99  was  considered  in
the  promotion  process  was  cycle  00E6   to   technical   sergeant
(promotions  effective  Aug  00 -  Jul  01).   However,  because  the
applicant was selected to the grade of technical sergeant during this
cycle, no  supplemental  promotion  consideration  will  be  required
should the Board grant his request.  Based on his DOR  for  technical
sergeant of 1 Oct 00, the subject  reports  will  not  be  considered
again in the promotion process until cycle 03E7 to  master  sergeant.
Promotions for this cycle will be announced  during  the  May/Jun  03
time frame.

A complete copy of the Air Force evaluation is attached at Exhibit C.

The Chief, Performance  Evaluation  Section,  AFPC/DPPPEP,  indicated
that neither the IG nor the Social Actions office  substantiated  the
applicant’s allegations.  Air Force  policy  is  that  an  evaluation
report is accurate as written when it becomes  a  matter  of  record.
The applicant  did  not  provide  sufficient  evidence  or  evaluator
support to warrant voiding or upgrading  the  reports.   He  did  not
submit  any  documentation  indicating  he  has  contacted   the   IG
concerning alleged reprisal.   The  ERAB  recommended  the  applicant
resubmit his appeal after pursuing the reprisal  complaint  with  the
IG.  DPPPEP recommends the Board deny the applicant’s request to void
or upgrade the contested reports.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluations and  indicated  that  he
located the personnel he could get in touch with  and  explained  the
situation to them and asked  if  they  could  help  him.   They  were
reluctant to be part of the process he is trying to accomplish.  Time
went by and he could  not  get  or  provide  additional  information.
Therefore, he contacted the IG again to clarify that he did not  have
anything to add.  Then he was told there was  no  need  to  file  the
report if he did not have additional  evidence  to  substantiate  the
complaint.  Otherwise, he had to go back to Germany and talk  to  the
people who might remember after those years and who would be  willing
to step forward to support his appeal.  He contacted two  individuals
who would submit or write a letter to support and correct the record.
 He received one letter from  an  individual  who  works  outside  of
maintenance and he is waiting for one more from an individual who was
his assistant and the Noncommissioned  Officer-in-Charge  (NCOIC)  of
Radio Maintenance who really knew what happened all those  times  and
years in their work place.   He  requests  the  Board  consider  this
additional information to support his appeal as evidence.  He  states
that the only way we can get out the truth is to go  to  court  where
the people have to tell the truth and not have any reprisal.

Applicant’s complete  response,  with  attachments,  is  attached  at
Exhibit F.

_________________________________________________________________

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.   We  have
thoroughly reviewed the documentation  submitted  with  this  appeal;
however, we are not persuaded  that  either  an  error  or  injustice
exists.  The applicant asserts that the two EPRs  were  reprisal  for
filing an Inspector General complaint against  his  commander  and  a
Social Actions complaint of discrimination  against  his  supervisor.
However, other than his own assertions, the applicant has provided no
evidence substantiating his allegations  of  reprisal.   Nor  did  he
provide sufficient evidence that would lead us to conclude  that  the
evaluators who were tasked with the responsibility of  assessing  his
duty performance were precluded from rendering  unbiased  evaluations
of his performance or that the ratings  were  based  on  any  factors
other than his duty performance during the periods in  question.   In
view of the  foregoing,  and  in  the  absence  of  evidence  to  the
contrary, we find no  compelling  basis  to  recommend  granting  the
relief sought.

4.    The applicant’s case is adequately documented and  it  has  not
been shown that a personal appearance, with or without counsel,  will
add to our understanding of  the  issues  involved.   Therefore,  the
request for a hearing 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 16 October 2001, under  the  provisions  of  Air
Force Instruction 36-2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Ms. Olga M. Crerar, Member
                  Mr. Richard M. McCormick, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 25 Jun 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPWB, dated 10 Jul 01.
     Exhibit D.  Letter, AFPC/DPPPEP, dated 18 Jul 01.
     Exhibit E.  Letter, AFBCMR, dated 20 Jul 01.
     Exhibit F.  Letter fr applicant, dated 27 Aug 01, w/atchs.




                                   RICHARD A. PETERSON
                                   Panel Chair

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