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AF | BCMR | CY2002 | 0101882
Original file (0101882.doc) Auto-classification: Denied







                        RECORD OF PROCEEDINGS
          AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS




 IN THE MATTER OF:     DOCKET NUMBER:  01-01882
            INDEX CODE:  111.02


      COUNSEL:  NONE


      HEARING DESIRED:  NO




 _________________________________________________________________


 APPLICANT REQUESTS THAT:


 The Enlisted Performance Report  (EPR)  rendered  for  the  period
 25 Mar 99 through 24 Mar 00 be declared void and removed from  her
 records.


 _________________________________________________________________


 APPLICANT CONTENDS THAT:


 The record was based on  retribution  as  well  as  a  personality
 conflict with the rater during the rating period.


 Applicant’s complete submission is attached at Exhibit A.


 _________________________________________________________________


 STATEMENT OF FACTS:


 The  applicant’s  Total  Active  Federal  Military  Service   Date
 (TAFMSD) is 10 Aug 81.  She 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 99.


 Applicant’s EPR profile since 1989 reflects the following:


             PERIOD ENDING          OVERALL EVALUATION


                2 Dec 89                    4
                2 Dec 90                    4
                2 Dec 91                    5
                2 Nov 92                    4
                4 Aug 93                    5
                4 Aug 94                    5
                1 Jun 95                    5
                9 Feb 96                    4
                9 Feb 97                    5
               19 Jan 98                    5
               24 Mar 99                    5
             * 24 Mar 00                    3
               24 Mar 01                    5


      * Contested report.


 The applicant filed a similar appeal under the provisions  of  AFI
 36-2401, Correcting Officer and Enlisted Evaluation Reports.   The
 Evaluation Reports Appeal Board (ERAB) was not  convinced  by  the
 applicant’s documentation and  denied  her  request  to  void  the
 contested report indicating that  substantiated  findings  from  a
 formal investigation, memorandums from others in the rating  chain
 substantiating a personality conflict or  the  existence  of  bias
 were necessary to support her contentions but  were  not  included
 with her appeal.


 _________________________________________________________________


 AIR FORCE EVALUATION:


 The Chief, Inquiries/AFBCMR Section, AFPC/DPPPWB,  indicated  that
 the first time the report was considered in the promotion  process
 was cycle 01E7 to master sergeant (promotions effective  Aug  01 -
 Jul 02).  Should the Board void the report as requested, she would
 be entitled to  supplemental  promotion  consideration  for  cycle
 01E7.  She  would  become  a  select  for  this  cycle  pending  a
 favorable  data  verification  and  the  recommendation   of   the
 commander.


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


 The Chief, Performance Evaluation Section, AFPC/DPPPEP,  indicated
 that based on the lack  of  evidence,  they  do  not  support  the
 applicant’s request.  Air  Force  policy  is  that  an  evaluation
 report is accurate as written when it becomes a matter of  record.
 To prove personality conflict/bias, it  is  necessary  to  receive
 firsthand evidence that clearly shows how the  conflict  prevented
 the evaluator from preparing a fair and accurate report.  If other
 evaluators support an  appeal  because  they  were  unaware  of  a
 conflict at the time, they  should  provide  specific  information
 (and cite their sources) which leads them to believe the report is
 not an objective assessment.


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


 _________________________________________________________________












 APPLICANT'S REVIEW OF AIR FORCE EVALUATION:


 Copies of the Air Force evaluations were forwarded to applicant on
 31 Aug 01 for review and response within  30  days.   As  of  this
 date, no response has been received by this office.


 _________________________________________________________________


 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 the evidence of record, we are not  persuaded  that  the
 applicant was rated unfairly or  that  the  report  is  in  error.
 Applicant contends that a personality conflict  existed  with  the
 rater.  However, other  than  her  own  assertions,  she  has  not
 provided any evidence that would lead  us  to  conclude  that  the
 rater was unable to provide a fair and objective assessment of her
 duty performance during the contested rating period  or  that  the
 report was based on factors other than her performance.   Further,
 at the time the report was rendered, we  note  that  the  indorser
 concurred with the rater’s assessment.   The  indorser  apparently
 had no reason to believe the rater’s assessment was  biased  since
 he did not adjust the rating.  In view of the  foregoing,  and  in
 the absence of evidence to the  contrary,  we  find  no  basis  to
 recommend granting the relief sought in the application.


 _________________________________________________________________


 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 30 October 2001, under the provisions of  Air
 Force Instruction 36-2603:


                  Mr. David C. Van Gasbeck, Panel Chair
                  Mr. Philip Sheuerman, Member
                  Mr. Roscoe Hinton, Jr., Member


 The following documentary evidence was considered:


      Exhibit A.  DD Form 149, dated 26 Jun 01, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPPWB, dated 1 Aug 01.
      Exhibit D.  Letter, AFPC/DPPPEP, dated 27 Aug 01.
      Exhibit E.  Letter, AFBCMR, dated 31 Aug 01.








                                    DAVID C. VAN GASBECK
                                    Panel Chair


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