RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER: 99-02009
                                       INDEX CODE: 111.02
Applicant                         COUNSEL: NONE

                                        HEARING DESIRED:NO

____________________________________________________________________________
___

APPLICANT REQUESTS THAT:

His Enlisted Performance Report (EPR), rendered for the  period  closing  14
June 1999, be declared void and removed from his records.

____________________________________________________________________________
___

APPLICANT CONTENDS THAT:

A formal complaint was filed with  the  Military  Equal  Opportunity  Office
from 14 May 1999 to 28 July 1999 which was  substantiated  and  the  EPR  in
question was written while the complaint was being investigated.

In support of the submission  the  applicant  submits  a  copy  of  the  EPR
(Exhibit A).

____________________________________________________________________________
___

STATEMENT OF FACTS:

The applicant contracted his initial enlistment in the Regular Air Force  on
4 January 1985. He has continued to serve on active duty, entering his  most
recent enlistment on 8 June 1998, when he reenlisted for  a  period  of  six
years. He is currently serving in the grade of  technical  sergeant,  having
been promoted to that grade with an effective date and a date of rank  of  1
November 2000.  The following is a resume of  his  EPR  ratings,  commencing
with the report closing 15 August 1993.

PERIOD ENDING                           PROMOTION RECOMMENDATION

  15 Aug 93 CRO                              5
  15 Aug 94                                  5
  15 Aug 95                                  5
  14 Jun 96 CRO                              5
  14 Jun 97                                  5
  14 Jun 98                                  5
* 14 Jun 99                                  3
  17 Dec 99 CRO                              5
  17 Dec 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 BCMR Appeals and  SSB  Section,  AFPC/DPPPAB,  indicated  the  applicant
believes that he worked in a hostile environment, caused by  racial  tension
and bias against him. The equal opportunity and treatment  (EOT)  case  file
revealed the primary cause of tensions the applicant  experienced  with  the
staff at the Airman Leadership School was ineffective  communication  and  a
lack of positive  leadership  and  management  initiatives.  The  88  ABW/CV
determined the allegations in the EOT  complaint  were  unsubstantiated  and
directed all disciplinary actions be set aside. DPPPAB states that  once  an
EPR is accepted for file, only strong evidence to the contrary that  it  did
not represent the rating chains' best judgement at the time it  is  rendered
warrants correction or removal. To  effectively  challenge  an  EPR,  it  is
necessary to hear from all the members in the rating  chain,  not  only  for
support, but also  for  clarification/explanation.  The  applicant  has  not
substantiated the contested report was not rendered in  good  faith  by  all
evaluators based on the available knowledge at the time.  Therefore,  DPPPAB
recommends the applicant's request be denied (Exhibit C).

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

____________________________________________________________________________
___

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In response to the Air Force Evaluations the applicant commented on  several
points of the evaluations and provided  a  voluminous  personal  journal  to
explain his position and contentions. He indicated that he has supplied  the
necessary documentation to substantiate his allegation of discrimination  in
his duty section and the actions taken  against  him  as  a  result  of  the
formal complaint. Based on  the  information  provided,  he  reiterates  his
contention that a fair and  just  report  was  not  written  and  should  be
stricken from his personnel records (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  injustice.  After   reviewing   the   documentation
submitted, we are  convinced  that  the  EPR  should  be  removed  from  the
applicant's record.  We noted that  the  Military  Equal  Opportunity  (MEO)
findings partially substantiated the  applicant's  complaint  and  indicated
that the primary cause of the tensions the applicant  experienced  with  the
staff at the Airman Leadership School was ineffective communications  and  a
lack of positive leadership and  management  initiatives.   Considering  the
applicant's past and post performance ratings, we are of  the  opinion  that
the  environment  in  which  the  EPR  in  question  was  written  may  have
contributed to an uncharacteristically low rating. 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 Enlisted Performance  Report  (AB
thru TSgt), AF Form 910, rendered for the period 15  June  1998  through  14
June 1999, be declared void and removed from his records. I

____________________________________________________________________________
___

The following members of the Board considered this application in  Executive
Session on 22 March 2001, under the provisions of AFI 36-2603:





      Mr. Patrick R. Wheeler, Panel Chair
      Ms. Barbara J. White-Olson, Member
      Mr. Albert F. Lowas, Jr., Member

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

Exhibit A. DD Form 149, dated 2 Aug 99 w/atchs.
Exhibit B. Applicant's Military Personnel Records.
Exhibit C. Letter, AFPC/DPPPAB, dated 19 Apr 00 w/atchs.
Exhibit D. Letter, AFPC/DPPPWB, dated 13 Aug 99.
Exhibit E. Letter, SAF/MIBR, dated 28 Apr 00.
Exhibit F. Applicant's Response, undated (w/atchs.




                                       PATRICK R. WHEELER
                                       Panel Chair



AFBCMR 99-02009




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  Enlisted  Performance
Report (AB thru TSgt), AF Form 910, rendered for the  period  15  June  1998
through 14 June 1999, be, and hereby is, declared void and removed from  his
records.








  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency