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AF | BCMR | CY2003 | 0201834
Original file (0201834.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  02-01834
                                        INDEX CODE:  111.02
                                        COUNSEL:  NONE

                                        HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her Enlisted Performance Report (EPR) rendered for  the  period  2 May  1990
through 1 May  1999  be  removed  from  her  records  and  an  AF  Form  77,
Supplemental Evaluation Sheet, be submitted in its place.
_________________________________________________________________

APPLICANT CONTENDS THAT:

There was insufficient supervision under the rater and additional rater  for
an EPR to be rendered.

In support of her request applicant submits a copy  of  the  personnel  data
roster, DFAS print-out  for  Reserve  participation,  copy  of  letter  from
AFRC/IGQ, a copy of the contested report, a copy of the  Evaluation  Reports
Appeal Board (ERAB) decision and a  copy  of  HQ  AFRC  message  traffic  on
Reserve Enlisted Performance Reports - New Requirements, SSgt and Above.

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

_________________________________________________________________

STATEMENT OF FACTS:

The Military Personnel Database (MilPDS) reflects that the applicant  has  a
pay date of 22 January 1987.  Following her successful completion  of  basic
military and technical training, she  was  assigned  to  an  active  Reserve
position.  As of the Retirement Year (RYE) ending 21 January 2002,  she  has
earned 15 satisfactory years of Federal service.  A similar  appeal  by  the
applicant was considered and denied by the ERAB.  The following is a  resume
of her EPR profile:

      PERIOD ENDING          PROMOTION RECOMMENDATION

  22 Jan 87 - 1 May 90       NO REPORT RENDERED
    01 May 99                     4 (contested report)
    01 May 01                     5

Pursuant to a Inspector  General  (IG)  complaint  filed  by  the  applicant
containing  8  allegations  of   unprofessional   relationship/inappropriate
behavior, conduct unbecoming a non-commissioned officer, conduct  unbecoming
an officer and abuse  of  authority,  which  resulted  in  a  “hostile  work
environment,” an investigation was conducted  by  an  investigating  officer
appointed by the command IG during  the  period  7  May  through  4 November
2000.  In a report signed on 18 November  2000,  the  investigating  officer
concluded that four  of  the  applicant’s  allegations  were  substantiated.
Following 482d FW/JA’s review on 1 April  2000,  the  IG  issued  a  revised
summary report of investigation on 6 May 2001.  Based  on  the  HQ  AFRC/JAJ
review, HQ AFRC/IGQ amended the report of investigation and all  allegations
were found to be unsubstantiated (Exhibit E).

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPB recommends the application  be  denied.   DPB  states  that  during
January, February and March 1999, the applicant performed 14  days  inactive
duty training and five days active duty training for a total of  19  points.
The guidelines prescribed in the message submitted by the applicant,  states
reestablishing the requirement for unit reservists to have a minimum  of  16
points under direct supervision of their rater before an  EPR  is  required.
The applicant had more than the minimum 16 points under the  supervision  of
the rater before her EPR was prepared.  ARPC/DPB evaluation  is  at  Exhibit
C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that the original EPR, dated 2 May 1990 - 1  May  1998  was
lost by the MPF.  Instead of reconstructing an EPR to the original EPR,  the
MPF changed the shell dates resulting in a new  commander  having  to  write
the EPR.  This commander wrote the EPR based on  opinions  of  a  supervisor
having personal issues with her.  She requests  the  Board  review  IG  Case
Number UCR 000002 and RXC010267.  Applicant’s letter is at Exhibit E.

_________________________________________________________________

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   thoroughly   reviewing   the
documentation submitted with this appeal, we  are  not  persuaded  that  the
contested report is an inaccurate assessment of the applicant's  performance
during the contested time period.  The  applicant  asserts  that  there  was
insufficient supervision  under  the  rater  and  additional  rater  for  an
Evaluation Performance Report (EPR)  to  be  rendered;  however,  the  Board
finds  insufficient  documentation  to   support   this   contention.    The
guidelines prescribed in the message  provided  by  the  applicant  (Reserve
Enlisted Performance Reports (EPRs) -  New  Requirements,  SSG  and  Above),
establishes the requirement for unit reservists to  have  a  minimum  of  16
points under direct supervision of their rater.  We note that the  applicant
accumulated 19 points for training during  the  months  of  January  through
March 1999, thus exceeding the minimum required  points.   In  addition,  we
have noted the assessment of the  Headquarters  Air  Force  Reserve  Command
Inspector General’s addendum to the Report of Investigation, in  which  they
found that all allegations to include the allegation of abuse of  authority,
which resulted in  a  “hostile  work  environment”  against  her  rater  and
additional rater, were unsubstantiated.  Based on this  information  and  in
the absence of any evidence  by  the  applicant  that  successfully  refutes
these findings, the Board finds no basis upon which  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 this application in  Executive
Session on 16 April 2003 under the provisions of AFI 36-2603:

                 Mr. Roscoe Hinton Jr, Panel Chair
                 Mr. Steven A. Shaw, Member
                 Ms. Brenda L. Romine, Member

     Exhibit A.  DD Form 149, dated 28 May 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, ARPC/DPB, dated 20 Jun 02 w/atchs.
     Exhibit D.  Letter, SAF/MRBR, dated 3 Jul 02.
     Exhibit E.  Letter, Applicant, dated 17 Jul 02.
     Exhibit F.  Letter, Addendum to Report of Investigation, HQ
                 AFRC/IGQ w/atchs, dated 19 Nov 01 (withdrawn).




                                  ROSCOE HINTON JR
                                  Panel Chair

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