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AF | BCMR | CY2002 | 0201041
Original file (0201041.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-01041
            INDEX CODE:  111.02

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her Enlisted Performance Report (EPR), rendered for the period 24 July
1997 through 11 December 1998, be declared void and removed  from  her
records.
_________________________________________________________________

APPLICANT CONTENDS THAT:

Her former rating chain’s failure to comply and follow  governing  Air
Force instructions rendered an unfair and inaccurate EPR.  The 6-month
delay of a timely report, inaccurate and  inconsistent  statements  in
the rater’s comments between the three EPRs,  false  certification  of
feedback dates,  lack  of  rater’s  documentation,  lack  of  feedback
sessions and guidance, non-compliance to referral procedures and  lack
of first-hand knowledge, renders  all  three  reports  inaccurate  and
unfair.

In support of her request, the applicant submits a personal statement,
with a copy of her AFI 36-2401 application  and  additional  documents
associated with the issues cited in her contentions.  The  applicant’s
complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System reveals that  the
applicant is currently serving in the Air Force Reserves in the  grade
of staff sergeant (E-5), with an effective date of rank of 1  November
1995.  Her last enlistment in the Air Force Reserve was on 7 September
1997, with an expiration of term of service (ETS) date of 6  September
2003.  The applicant has completed a total of 10 years of satisfactory
Federal service.  Applicant's EPR profile follows:

            Period Ending    Evaluation


            15 Sep 91 - 23 Jun 97 3 - Consider

            *24 Jul 97 - 11 Dec 98      2 - Not  Recommended  at  this
Time
             12 Dec 98 - 11 Dec 00      5 - Immediate Promotion

* Contested report
_________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPB recommends the application be denied.   DPB  stated  that,
based on  the  applicant’s  submission,  there  appears  to  be  three
different EPRs prepared for the applicant  covering  the  same  rating
period.  On 17 Apr 00, the  Evaluation  Reports  Appeal  Board  (ERAB)
directed the EPR signed by the rater on 21 Jul 99 be referred  to  the
applicant.  The reaccomplished EPR, signed by the rater on  4  Feb  01
and accepted for file, is not a referral report.  None  of  the  three
reports clearly show the applicant  performing  in  all  areas  in  an
exceptional or superior manner.  The  HQ  ARPC/DPB  evaluation  is  at
Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  24
May 2002 for review and response.  As of this date,  no  response  has
been received by this office (Exhibit D).
_________________________________________________________________

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 error or injustice.  The supporting documents provided by
the applicant are sufficient to cause doubt  concerning  the  fairness
and accuracy of the contested  report.   Specifically,  the  Inspector
General (IG) intervention, the AFI  36-2401  actions,  the  statements
from her former rating chain, the three EPRs  under  review,  and  the
excessive delay in processing the contested report.  Additionally,  we
believe that if the applicant was performing at a marginal level,  she
should have been provided more  timely  performance  feedback  by  her
superiors.  In our opinion,  the  applicant’s  rating  chain  did  not
exercise  appropriate  counseling/feedback  prior  to  rendering   the
performance report.  We therefore believe that the  apparent  lack  of
appropriate management practices on  the  part  of  her  rating  chain
resulted in an unfair EPR.  In view of the circumstances involved, and
in an effort to offset any possibility of any injustice, we  recommend
that the contested report  be  declared  void  and  removed  from  the
applicant’s records.
_________________________________________________________________

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  24  July
1997 through 11 December 1998, be declared void and removed from her
records.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 10 July 2002, under the  provisions  of  AFI  36-
2603:

                  Mr. Roscoe Hinton Jr., Panel Chair
                  Mr. Clarence D. Long III, Member
              Ms. Ann-Cecile McDermott, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary  evidence  was  considered  in  connection  with
AFBCMR Docket Number 02-01041:

   Exhibit A.  DD Form 149, dated 22 Mar 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ ARPC/DPB, dated 22 Apr 02.
   Exhibit D.  Letter, SAF/MRBR, dated 24 May 02.




                                   ROSCOE HINTON JR.
                                   Panel Chair



AFBCMR 02-01041




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, AF Form 910, rendered for the period 24 July 1997
through 11 December 1998, be, and hereby is, declared void and removed
from her records.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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