RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-02551
            INDEX NUMBER:  111.02

      XXXXXXXXXXXX     COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

_______________________________________________________________

APPLICANT REQUESTS THAT:

The Enlisted Performance Report (EPR) rendered on him for the period 10
Nov 97 through 9 Nov 98 be removed from his records or replaced with  a
revised report that he has provided.

_______________________________________________________________

APPLICANT CONTENDS THAT:

His rater for the contested report was biased against him.

His commander and rater’s rater at the time  of  the  contested  report
verified through an investigation that he was the victim of rater bias.

In support of his contention, he provides statements from his commander
and indorser.  His commander’s statement addresses the issues raised by
the Evaluation Reports Appeal Board (ERAB) in denying  the  applicant’s
appeal.  Both the commander and the indorser provide information on why
although they originally supported  the  rating  given  the  applicant,
later determined that it was not a fair or objective  evaluation.   The
commander states that he was convinced by a review of  the  applicant’s
EPR history (all “5” ratings), his interview of the  applicant,  rater,
and indorser, a review of student feedback reports, and receiving  high
praise from  the  MAJCOM  Inspector  General  on  the  quality  of  the
applicant’s course.  The indorser indicates  that  he  later  confirmed
that the rater had stated, “I’ll get him now.”

The applicant’s complete submission is at Exhibit A.

_______________________________________________________________

STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date  is  26  Sep
84.  A resume of his last ten EPRs follows:

      Closeout Date               Overall Rating


        15 Aug 92                       5

        15 Apr 93                       4
        01 Mar 94                       5
        01 Mar 95                       5
        01 Mar 96                       5
        01 Mar 97                       5
        09 Nov 97                       5
       *09 Nov 98                       4
        10 Sep 99                       5
        10 Sep 00                       5

*  Contested Report

On 4 Apr 00, the applicant filed an appeal with the  (ERAB)  requesting
that the EPR closing out 9 Nov 98 be removed from his  records  due  to
rater bias.  The ERAB denied the appeal on 30 May 00.

_______________________________________________________________

AIR FORCE EVALUATION:

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

The first cycle the contested EPR was used in the promotion process was
cycle 01E7 to master sergeant  (promotion  effective  Aug  01-Jul  02).
Should the AFBCMR void the report or replace it with the one  submitted
by the applicant, the applicant would not  be  selected  for  promotion
during supplemental consideration due to his score  still  being  below
the required cutoff for his Air Force Specialty Code.

The complete evaluation is at Exhibit C.

AFPC/DPPPEP also evaluated this application and  recommends  denial  of
the applicant’s request.

Both  the  indorser  and  the  commander  had  reservations  about  the
contested report.  Why didn’t  they  do  something  about  it  when  it
originally came to them for signature?  They questioned the ratings but
then both agreed and signed the report.  Now,  two  years  later,  they
want to rewrite  the  report  and  state  that  the  applicant  exceeds
standards.  This is based on the fact that the rater reportedly stated,
“I’ll get him” which does not prove that he  was  biased  or  that  his
assessment was inaccurate or unjust.  Also,  the  rater  has  not  been
given the opportunity to address the allegations against him.

The complete evaluation is at Exhibit D.

_______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded to the Air Force evaluations.  He  takes  issue
with several of the comments made by AFPC/DPPPEP and indicates that  he
believes they have missed the point of his appeal.  He states that  his
former chain of command investigated his allegations against his former
supervisor and documented their findings in two letters to the Board as
well as rewrote his EPR.

The applicant  states  that  the  evaluation  done  by  AFPC/DPPPWB  is
accurate based on his current status, but points out that the contested
EPR caused him to only receive an Air Force  Achievement  Medal  (AFAM)
when he was reassigned.  He states that his former chain of command has
advised him that they would support changing the AFAM to an  Air  Force
Commendation Medal if the contested EPR is  removed  from  his  record.
The upgrade of his medal would give him enough points  to  be  selected
for promotion during cycle 01E7.

The applicant’s complete response is 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.  Sufficient relevant evidence has been presented to demonstrate  the
existence of probable error or injustice.  The Board was  persuaded  by
the supporting statements from the indorser  and  commander  indicating
that the applicant did not receive a fair evaluation on  the  contested
report.  While it does appear  to  the  Board  that  the  indorser  and
commander failed to take all actions  possible  or  required  prior  to
making the report a matter of record,  we  believe  that  to  deny  the
applicant relief on these grounds makes him bear the  burden  of  their
neglect.  We note that  the  applicant  requested  that  the  contested
report be completely removed or replaced with a revised report that  he
has provided.  Based on the guidance provided by AFPC/DPPPEP  that  the
revised report does not  comply  with  AFI  36-2402,  we  believe  that
complete removal of the report from  his  records  is  the  appropriate
course of action.  Therefore, we recommend that the applicant’s 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,  AF  Form  910,  rendered   for   the   period
10 November 1997 through 9  November  1998  be  declared  void  and
removed from his records.

It  is  further  recommended  that  he  be  provided   supplemental
consideration for promotion to the grade of Master  Sergeant  (E-7)
for all appropriate cycles beginning with cycle 01E7.

If selected  for  promotion  to  Master  Sergeant  by  supplemental
consideration,  he  be   provided   any   additional   supplemental
consideration required as a result of that selection.

If AFPC discovers any  adverse  factors  during  or  subsequent  to
supplemental  consideration  that  are  separate  and  apart,   and
unrelated to the issues involved in  this  application  that  would
have rendered the applicant  ineligible  for  the  promotion,  such
information will be documented and presented to  the  Board  for  a
final determination  on  the  individual’s  qualification  for  the
promotion.

If supplemental consideration results in the selection for promotion to
the higher grade, immediately after such promotion, the  records  shall
be corrected to show that he was promoted to the higher  grade  on  the
date of rank established by the supplemental promotion and that  he  is
entitled to all pay, allowances, and benefits of such grade as of  that
date.

_______________________________________________________________

The following members of  the  Board  considered  this  application  in
Executive Session on 28 November 2001, under the provisions of AFI  36-
2603:

      Mr. Terry A. Yonkers, Panel Chair
      Mr. Michael V. Barbino, Member
      Mr. Michael K. Gallogly, Member

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

     Exhibit A.  DD Form 149, dated 29 Aug 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPPWB, dated 18 Sep 01.
     Exhibit D.  Memorandum, AFPC/DPPPEP, 12 Oct 01.
     Exhibit E.  Letter, SAF/MIBR, dated 19 Oct 01.
     Exhibit F.  Memorandum, Applicant, dated 15 Nov 01.




                                   TERRY A. YONKERS
                                   Panel Chair


AFBCMR 01-02551




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 toXXXXXXXXXXXXXXXX, be corrected to show that the
Enlisted Performance Report, AF Form 910, rendered for the period
10 November 1997 through 9 November 1998 be, and hereby is,
declared void and removed from his records.

      It is further directed that he be provided supplemental
consideration for promotion to the grade of Master Sergeant (E-7)
for all appropriate cycles beginning with cycle 01E7.

      If selected for promotion to Master Sergeant by supplemental
consideration, he be provided any additional supplemental
consideration required as a result of that selection.

      If AFPC discovers any adverse factors during or subsequent to
supplemental consideration that are separate and apart, and
unrelated to the issues involved in this application that would
have rendered the applicant ineligible for the promotion, such
information will be documented and presented to the Board for a
final determination on the individual’s qualification for the
promotion.

      If supplemental consideration results in the selection for
promotion to the higher grade, immediately after such promotion,
the records shall be corrected to show that he was promoted to the
higher grade on the date of rank established by the supplemental
promotion and that he is entitled to all pay, allowances, and
benefits of such grade as of that date.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency