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AF | BCMR | CY2002 | 0200120
Original file (0200120.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 02-00120

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

The Enlisted Performance Report (EPR) rendered for the period  5 March  1998
through 4 March 1999, be  removed  from  his  records  and  he  be  provided
supplemental promotion consideration for cycle 99E5.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

The contested report should not have been a referral report since there  are
no indicators that make the report a referral.

The applicant states that the referral  memorandum  indicated  that  one  or
more of the ratings on the report made it a referral; however, there are  no
mark downs in the far left block of any performance factors in  Section  III
and the rater gave him  a  “4”  in  Section  IV.   Furthermore,  the  Career
Development Course (CDC) waiver was approved within  the  reporting  period,
and there are no comments that indicate a lack of  professional  conduct  or
that minimum standards were not met.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on active duty  in  the  grade  of  staff
sergeant.

On 22 February 1999, the commander requested  the  applicant  be  granted  a
waiver of the CDC  test  requirement,  indicating  that  the  applicant  had
satisfied the intent of the CDC upgrade testing, that he was an  outstanding
performer, and that he had some extenuating  circumstances  leading  to  his
CDC failures.  The waiver was approved on 23 February 1999.

In a letter, dated 4 March 1999, the  rater  referred  the  EPR,  closing  4
March 1999 to  the  applicant.   The  applicant  provided  comments  to  the
referral report on 11 March 1999.  However, on 15 March 1999,  the  indorser
concurred with the rater’s comments and ratings.

The applicant’s request under AFI 36-2401 to have the contested EPR  removed
from his records was denied by the Evaluation Report Appeals  Board  (ERAB),
which noted that the applicant provided  comments  to  the  referral  report
indicating he was aware of the reason the report was being referred to him.

Applicant’s performance profile follows:

             PERIOD ENDING               OVERALL RATING

                9 Feb 94                       4
                9 Feb 95                       5
                4 Mar 96                       5
                4 Mar 97                       5
                4 Mar 98                       5
              * 4 Mar 99 Referral              4
                4 Mar 00                       5
               30 Jan 01                       5
               30 Oct 01                       5

* Contested EPR

_________________________________________________________________

AIR FORCE EVALUATIONS:

AFPC/DPPPWB states, in part, that  the  first  cycle  the  contested  report
would normally have been considered was cycle 99E5; however, since it was  a
referral report, the applicant was ineligible for promotion consideration.

The AFPC/DPPPWB evaluation, with attachments, is at Exhibit C.

AFPC/DPPPE recommends the applicant’s request to void the report be  denied;
however, direct the referral memorandum be corrected  in  paragraph  one  to
include the omitted words, “or comments.” AFPC/DPPPE states, in  part,  that
Air Force policy is that an evaluation report is accurate  as  written  when
it becomes a matter of record and the applicant has not provided  convincing
evidence that the report is in error or unjust.

The AFPC/DPPPE evaluation, with attachments, is at Exhibit D.

_________________________________________________________________




APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

The applicant states that the derogatory remark made it into  the  contested
report  after  the  same  people  that  wrote  the  report  waived  the  CDC
requirement.  His response to the CDC failures gave  his  chain  of  command
the personal circumstances for his failure.  His chain of command felt  that
his CDC failure was not typical of his normal work ethic, but rather a  case
of unfortunate circumstances, and approved the waiver.  Furthermore, he  was
entitled to a commander’s counseling session to discuss concerns  after  the
first CDC failure and was never given that opportunity.   In  addition,  the
report was incorrectly filed since there were no markings to  the  far  left
as indicated in the memorandum referring the report.

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  warranting  voidance  of  the
contested report and supplemental promotion consideration to  the  grade  of
staff sergeant.  After reviewing the evidence of record,  we  are  convinced
that the contested report is an inaccurate  assessment  of  the  applicant's
performance during the period in question.  In this respect,  we  note  that
the applicant’s commander requested the applicant be  granted  a  waiver  of
the CDC test requirement, indicating that he had  satisfied  the  intent  of
the CDC upgrade testing, that he was an outstanding performer, and  that  he
had some extenuating circumstances leading to his  CDC  failures.   Although
the waiver was approved during  the  rating  period,  the  contested  report
contained a comment that the applicant twice failed  his  CDC  end-of-course
examination.  In addition, the report contained a markdown in  Section  III,
Evaluation of Performance, with respect to how well the  applicant  complied
with individual  training  requirements.   In  view  of  the  above  and  in
consideration  of  the  applicant's   prior   and   subsequent   outstanding
performance, we recommend that the contested report  be  declared  void  and
removed from his records.   In  addition,  it  is  recommended  that  he  be
provided  supplemental  promotion  consideration  to  the  grade  of   staff
sergeant by all appropriate cycles.

_________________________________________________________________



THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to  APPLICANT,  be  corrected  to  show  that  the  AF  Form  910,  Enlisted
Performance Report, rendered for the period 5 March  1998  through  4  March
1999, be declared void and removed from his records.

It is further recommended that he  be  provided  supplemental  consideration
for promotion to the grade of staff  sergeant  for  all  appropriate  cycles
beginning with cycle 99E5.

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  promotion  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  Docket  Number  02-00120  in
Executive Session on 14 March 2002, under the provisions of AFI 36-2603:

                  Ms. Peggy E. Gordon, Panel Chair
                  Mr. John E. Pettit, Member
                  Mr. Albert J. Starnes, Member

The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 7 Jan 02, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPPWB, dated 23 Jan 02, w/atchs.
      Exhibit D.  Letter, AFPC/DPPPE, dated 31 Jan 02.
      Exhibit E.  Letter, SAF/MRBR, dated 8 Feb 02.
      Exhibit F.  Letter, Applicant, undated.




             PEGGY E. GORDON
                                  Panel Chair



AFBCMR 02-00120




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 APPLICANT, be corrected to show that the AF Form 910, Enlisted
Performance Report, rendered for the period 5 March 1998 through 4 March
1999, 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 staff sergeant for all appropriate cycles
beginning with cycle 99E5.

      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 promotion 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

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