RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-01904
            INDEX CODE:

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The “2” rating he received on one of his Enlisted Performance  Reports
be voided or upgraded (he does not specify the closeout date).

_________________________________________________________________

APPLICANT CONTENDS THAT:

First of all he didn’t see this report and he doesn’t deserve to  have
a low score of a “2” due to the fact that he did  nothing  to  warrant
this type of score.  He did everything he was supposed to and  got  in
no trouble.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 24 August 1992  for
a period of 4  years.   He  performed  duties  as  a  Law  Enforcement
Specialist and was progressively  promoted  to  the  grade  of  senior
airman (E-4), effective and with a date of rank of 24  December  1994.
The following is a resume of his EPR ratings.

      PERIOD ENDING    PROMOTION RECOMMENDATION

       23 Apr 1994 (A1C)                5
 * 23 Apr 1995              2
       14 Feb 1996                3
       14 Feb 1977 (SrA)                4

NOTE:  * - Contested report.

The applicant, who was then serving in the grade of senior airman  (E-
4), was administered an Article 15 on 9 January 1995 for  striking  an
individual in the face with his fist.  His punishment consisted  of  a
suspended reduction to the grade of Airman First Class (A1C) and seven
days of extra duty.  The applicant acknowledged receipt by signing the
AF Form 3070, Record of  Nonjudicial  Punishment  Proceedings,  on  17
January 1995.  On 31 March 1995, the suspended reduction  was  vacated
due to a similar incident on 28 March 1995.  He  acknowledged  receipt
by signing the AF Form 366,  Record  of  Proceedings  of  Vacation  of
Suspended Nonjudicial Punishment, on 14 April 1995.  He also  received
a referral EPR, closeout date 23 April 1995, with an overall rating of
“2.”  He acknowledged receipt of the referral on 4 May 1995.

The applicant was again promoted to the grade of senior  airman  (E-4)
on 5 September 1996.  On 23 August 1997,  he  was  honorably  released
from active duty in that  grade  and  transferred  to  the  Air  Force
Reserve based on his completion of required active  service.   He  had
served 5 years on active duty.  A reenlistment eligibility  (RE)  code
of 1J was assigned.  On 15 September 1999, the applicant was  relieved
from the Obligated Reserve Section and honorably discharged  from  the
Air Force Reserve.

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AIR FORCE EVALUATION:

AFPC/DPPPEP states that the applicant’s request is  vague  because  he
does not specify exactly which report  he  is  contesting.   The  only
report that contains an overall “2” rating closed  out  23 April  1995
and was referred to the applicant on  4  May  1995.   The  report  was
referred to the applicant because his off-duty conduct  was  below  an
acceptable level.  Therefore, the  applicant  was  aware  of  the  low
rating because he signed the referral memorandum.   The  actions  were
not isolated incidents because the rater states in Section V, Line 13,
“…his inability to  control  his  behavior  has  been  dealt  with  on
numerous occasions without improvement.”  Evaluators  are  obliged  to
consider these incidents and periods of substandard  performance  when
assessing the applicant’s performance and potential.

DPPEP indicated it is Air Force policy that an  evaluation  report  is
accurate as written when it becomes a matter of record.  The applicant
has not provided  any  evidence  to  prove  otherwise  in  this  case.
Therefore, they recommend denial of applicant’s request.

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

AFPC/DPPPWB states that due to the applicant’s new date of rank to A1C
of 9 January 1995, he  was  promoted  to  Senior  Airman  (SrA)  on  5
September 1996 (20 months time-in-grade).  He  separated  from  active
duty in that grade on 23 August 1997.   Should  the  Board  decide  to
upgrade or remove the EPR, it would not affect the promotion  process,
as the applicant was not eligible for promotion consideration to staff
sergeant (SSgt) prior to his separation.  They also  recommend  denial
of applicant’s request.  A complete copy of the evaluation is attached
at Exhibit D.

AFPC/DPPAE states that the Reenlistment Eligibility (RE) code  of  1J,
“Eligible to reenlist, but elects separation” is  correct.   Applicant
served 5 years of total active duty.

A complete copy of the evaluation is attached at Exhibit E.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 11 October 2002, copies of the Air Force evaluations were forwarded
to applicant 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 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  error  or  injustice.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Staff
and adopt their rationale as the basis for  our  conclusion  that  the
applicant  has  not  been  the  victim  of  an  error  or   injustice.
Therefore, in the absence of evidence to  the  contrary,  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 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  on  19
November 2002, under the provisions of AFI 36-2603:

                 Ms. Olga M. Crerar, Panel Chair
                 Ms. Barbara J. White-Olson, Member
                 Mr. Christopher Carey, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 6 Jun 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPEP, dated 13 Aug 02.
   Exhibit D.  Letter, AFPC/DPPPWB, dated 15 Aug 02.
   Exhibit E.  Letter, AFPC/DPPAE, dated 3 Oct 02.
   Exhibit F.  Letter, AFBCMR, dated 11 Oct 02.




                                   OLGA M. CRERAR
                                   Panel Chair