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AF | BCMR | CY2002 | 0200084
Original file (0200084.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-00084
            (CASE 3)
            INDEX CODES:  111.02, 131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

The Enlisted Performance Report (EPR) rendered for the  period   7 Jan
92 through 6 Jan 93 be declared void and removed from her records.

She be provided supplemental promotion  consideration  beginning  with
cycle 94A7.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She appealed the contested EPR to the Board in Dec  92.   This  appeal
was denied.  She submitted another appeal for removal of an Article 15
in Mar 94.  This appeal was approved.  In Dec 01,  she  realized  that
she did not request that her first case be reopened after  the  second
case was approved.  Since the circumstances resulting in the  EPR  are
the same circumstances for which she  received  the  Article  15,  she
feels that it is fair to again request removal of  the  EPR  from  her
records.

In support of her appeal, the applicant provided  copies  of  the  two
cases previously considered by the Board.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates
that the applicant is currently serving on active duty in the grade of
senior master sergeant, having been promoted to that grade  on  1  Dec
99.  Her Total Active Federal Military Service Date (TAFMSD) is 13 Jun
79.

Applicant's EPR profile since 1992 follows:

      PERIOD ENDING    EVALUATION

       6 Jan 92        5
  *   6 Jan 93         3
      31 Oct 93        5
      28 Feb 94        5
      28 Feb 95        5
      28 Feb 96        5
      30 Jun 96        5
      31 Jan 97        5
      31 Jan 98        5
      31 May 99        5
      31 May 00        5
      26 Mar 01        5
      31 Jul 01        5

* Contested report.

On  17  Nov  94,  the  Board  considered  and  denied  an  application
pertaining to the applicant, requesting that the EPR closing 6 Jan  93
be voided and removed from her records.

On 8 Dec 94  and  6  Sep  95,  the  Board  considered  an  application
pertaining to the applicant, requesting that the Article 15 imposed on
30 Mar 93 be removed from her records.  The Board recommended that the
Article 15 be voided and that she be provided  supplemental  promotion
consideration with her corrected records.  The Deputy  for  Air  Force
Review Boards accepted the recommendation of the Board on 28 Sep 95.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPWB indicated that only performance reports  between  1 Jan 88
and 31 Dec 92 were eligible for consideration during the  94A7  cycle.
Consequently, even if the report closing 6  Jan  93  is  removed,  the
applicant would not be entitled to supplemental consideration for this
cycle.  She was selected for promotion to the grade of master sergeant
during the next cycle (95A7), with  the  report  in  her  records  and
assumed the grade on 1 Apr 95.  According  to  AFPC/DPPPWB,  it  would
serve no useful purpose at this time to provide her consideration  for
promotion to the grade of master sergeant for the 95A7 cycle.   Should
the Board grant the applicant’s request to  void  the  contested  EPR,
providing  she  is  otherwise  eligible,  she  will  be  entitled   to
supplemental promotion consideration beginning with cycle 97E8.

A complete copy of the DPPPWB  evaluation,  with  attachments,  is  at
Exhibit C.

AFPC/DPPPE recommended denial.  According to  AFPC/DPPPE,  it  is  Air
Force policy that an evaluation report is accurate as written when  it
becomes a matter of record.   The  Board  has  previously  rendered  a
decision on this matter, and in their  view,  the  applicant  had  not
provided any new evidence that the EPR was erroneous or unjust.

A complete copy of the AFPC/DPPPE evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant on  15
Feb 02 for review and response.  As of this date, no response has been
received by this office (Exhibit E).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was not  timely  filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of probable error or injustice.  After a thorough review
of the evidence presented, we are not persuaded that the contested EPR
was based on factors other  than  the  applicant’s  performance.   She
contends that the EPR was based on an Article 15 that has now been set
aside.  While the Article 15 was set aside, it  appears  that  it  was
done so because of  a  technicality  and  not  because  she  had  been
exonerated of any wrongdoing.  She also asserts that the EPR  included
information that was outside the rating period.  However,  this  issue
was previously and, in our view, adequately  addressed  by  the  Board
when it initially considered and denied her request to  have  the  EPR
removed.  Finally, the applicant  claims  that  the  contested  report
should have been a referral.  However, other than her  assertions,  no
evidence has been presented which has shown to our  satisfaction  that
the report should have been referred.  In view of the  foregoing,  and
in the absence of evidence that  the  EPR  closing  6 Jan  93  was  an
inaccurate assessment of  the  applicant’s  performance  when  it  was
originally rendered, we find no compelling basis to recommend granting
the relief sought in this 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 AFBCMR Docket Number 02-
00084 in Executive Session on 11 Apr 02, under the provisions  of  AFI
36-2603:

      Ms. Peggy E. Gordon, Panel Chair
      Mr. E. David Hoard, Member
      Ms. Ann-Cecile McDermott, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 8 Jan 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPWB, dated 28 Jan 02, w/atch.
    Exhibit D.  Letter, AFPC/DPPPE, dated 5 Feb 02.
    Exhibit E.  Letter, SAF/MRBR, dated 15 Feb 02.




                                   PEGGY E. GORDON
                                   Panel Chair

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