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AF | BCMR | CY2002 | BC-2002-03566
Original file (BC-2002-03566.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-03566
            INDEX CODE:  111.02

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

The Enlisted Performance Report (EPR) rendered for the period  12 July
1999 through 11 July 2000  be  declared  void  and  removed  from  his
records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The EPR is biased and administered as a  reprisal  by  the  rater  for
reasons that were not duty  related.   The  rater  failed  to  provide
verbal/written feedback prior to closeout of the EPR  indicating  that
he was not progressing or performing up to her standards.   The  rater
had 160 days to provide sufficient  documentation  warranting  such  a
report.  The rater said that he abused his  position  to  correct  Air
Force members violating dress and appearance standards.   The  EPR  is
also the result of unfair treatment by the rater.

In support of the appeal, applicant submits a  copy  of  his  mid-term
performance feedback, a copy of the contested EPR with appeal, a  copy
of his training records, copies of the  instructor  observations,  and
six character references.  Applicant's complete submission is attached
at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Regular  Air  Force  in  the
grade of technical sergeant.

EPR profile since 1996 reflects the following:

      PERIOD ENDING                 PROMOTION RECOMMENDATION

         22 Jan 96                          5
         29 Sep 96                          4
         29 Sep 97                          5
         29 Sep 98                          5
         11 Jul 99                          5
        *11 Jul 00                          4
         30 Dec 00                          5
         30 Dec 01                          5

      *Contested Report

The applicant filed an appeal under the  provisions  of  AFI  36-2401,
Correcting Officer and Enlisted Evaluation Reports,  1 December  1997.
The Evaluation Reports Appeal Board (ERAB) denied his request.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPE states that although there is no direct correlation between
the performance feedback and the final EPR, it is a tool  that  raters
use  to  identify  improvement  areas  and  shortcomings,  along  with
identifying positive aspects of their performance.  In  reviewing  the
performance feedback, it is clear that the rater  felt  the  applicant
required little improvement on the rated area;  however,  it  is  also
quite evident that the applicant did require focus in some  areas  due
to previous problems.  Specifically identified are the areas of taking
time  off  of  work,  leave  related  issues,  and  financial  issues.
Additionally, the  rater  pointed  out  several  areas  in  which  the
applicant required improvement (i.e., initiative, fostering  teamwork,
writing and speaking skills, etc.).  Furthermore, in  accordance  with
(IAW) AFI 36-2406, paragraph 2.3, after receiving the midterm feedback
identifying  these  improvement  areas,  the  applicant   could   have
requested an additional performance feedback closer to the EPR  close-
out date to get an idea of how well he actually improved within  these
areas.

In summary, Air Force policy is that an evaluation report is  accurate
as written when it becomes a matter of record.  There are no errors or
injustices cited in the contested report.  Therefore,  they  recommend
denial of applicant’s request.

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

AFPC/DPPPWB states that based on  the  applicant’s  date  of  rank  to
technical sergeant, the first time the contested report will  be  used
in the promotion process is cycle 03E7 to master sergeant  (promotions
effective August 2003 - July 2004).  Should the AFBCMR void the report
as requested, providing he is otherwise eligible, the  applicant  will
be entitled to supplemental consideration beginning  with  cycle  03E7
providing he is not selected during  the  initial  selection  process.
However,  if  favorable  results  are  received  by  1  May  2003,  no
supplemental  consideration  would  be  required  as  there  would  be
sufficient time to update the promotion  file.   Promotions  for  this
cycle will be accomplished during the May/June 2003 timeframe.

They  defer  to  the  recommendation  of  AFPC/DPPPE   regarding   the
applicant’s request to have the contested report removed.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 17 January 2003, copies of the Air Force evaluations were forwarded
to the 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 timely filed.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice.  After reviewing all the evidence
provided,  we  are  unpersuaded  that  the  contested  report  is   an
inaccurate depiction of the applicant’s performance for the period  in
question.  In the rating process, each evaluator is required to assess
a ratee’s performance, honestly and to the best of their ability.  The
applicant asserts that the rater was biased, that  the  report  was  a
form of reprisal, and that the rater abused her position.  However, he
has provided  no  substantiation  for  these  serious  allegations  of
inappropriate behavior on the part of his rater.   In  an  independent
review, the squadron commander concurred with the rater’s assessments.
 We have noted the statements provided in support of  the  applicant’s
appeal.  While laudatory of the applicant’s character and performance,
there is no indication  that  these  individuals  had  access  to  the
information available to the applicant’s rating  chain  or  that  they
were in positions to observe his day-to-day  duty  performance  during
the period covered by the report.  In view of the  above  and  in  the
absence of documentary evidence by the applicant which would  lead  us
to believe that his evaluators abused their  discretionary  authority,
that the ratings on the contested report were based  on  inappropriate
considerations or that the report is technically flawed,  we  have  no
basis on which to favorably consider his request that  the  report  be
removed from his records.

_________________________________________________________________

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  in
Executive Session on 5 March 2003, under the  provisions  of  AFI  36-
2603:

            Ms. Marilyn Thomas, Panel Chair
            Mr. William H. Anderson, Member
            Mr. Thomas J. Topolski, Jr., Member

The following documentary evidence was considered in  connection  with
AFBCMR Docket No. 02-03566:

      Exhibit A.  DD Form 149, dated 31 Oct 02, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPPE, dated 19 Dec 02.
      Exhibit D.  Letter, AFPC/DPPPWB, 6 Jan 03.
      Exhibit E.  Letter, SAF/MRBR, dated 17 Jan 03.




                                        MARILYN THOMAS
                                        Panel Chair


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