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AF | BCMR | CY2003 | 0202518
Original file (0202518.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  02-02518
                                        INDEX CODE:  111.02
                                        COUNSEL:  NONE

                                        HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her Enlisted Performance Report (EPR) rendered for the period of 12  October
1999 through 11 October 2000 be removed from her records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She received  an  unfair  rating  because  of  the  opinion  of  her  flight
commander.  His personal opinion of her was reprisal as  a  retribution  for
seeking advice from the Inspector General.  The commander coerced her  rater
and withheld information from the endorser (squadron commander)  and  rater,
creating an inaccurate evaluation of her performance.

In support of her request, applicant submits a personal  statement;  a  copy
of the contested EPR, a  copy  of  the  performance  feedback  worksheet,  a
statement from the Aerial Operations Support  Flight  Commander,  supporting
statements from the rater and additional rater, letters of appreciation  for
support of PHONENIX SCORPION  III,  a  copy  of  AF  Form  77,  Supplemental
Evaluation Sheet, for the period 4 June 2000  through  28  August  2000  and
copies of character reference letters.

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

_________________________________________________________________

STATEMENT OF FACTS:

The Military Personnel Database (MilPDS) indicates  applicant  has  a  Total
Active Federal Military Service Date of 24 April 1992.  She has  continually
served on active duty and has been progressively promoted to  the  grade  of
staff sergeant (E-5), effective and with a date of rank of 1 December  1999.
 The MilPDS reflects an Air Force Achievement Medal for  the  period  ending
5 December 2001 and an Air Force Commendation Medal for the period ending  1
September 2002.

On 17 April 2002, the Evaluation Reports Appeal Board (ERAB) considered and
denied a similar appeal by the applicant.  The following is a resume of his
EPR profile:

      PERIOD ENDING          PROMOTION RECOMMENDATION

    23 Dec 93 (A1C)                     5
    23 Dec 94                     5
    23 Dec 95 (SrA)                     5
    23 Dec 96                     5
    10 Jun 97                     5
    10 Jun 98                     5
    10 Jun 99                     4
    11 Oct 99                     5
   *11 Oct 00 (SSgt)                    3
    20 Apr 01                     5
    11 Dec 01                     5

* Contested report - Rater’s rating downgraded from “4”  by  the  additional
rater (Squadron Commander).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPP reviewed the application and recommends denial.  DPPP states  that
evaluators who change their evaluations after talking with a  superior  have
not necessarily been coerced.  In order to prove  coercion,  clear  evidence
must exist proving that  the  individual  violated  the  evaluator’s  rating
rights.  DPPP states that both the rater and  additional  rater  state  they
did not have access to an AF Form 77 for the period ending  28  August  2000
and subsequent AFAM, so their initial assessment  is  inaccurate.   However,
the ERAB determined the AF Form 77 was available to the  evaluators  at  the
time the EPR was written.  The applicant has provided  performance  feedback
worksheets in support of her case.  However,  there  is  not  necessarily  a
direct correlation between information  provided  during  feedback  sessions
and the assessments on evaluation reports.   DPPP  states  that  it  is  Air
Force policy that an  evaluation  report  is  considered  to  represent  the
rating chain’s best judgment at the time it is rendered.  The evidence  does
not show the evaluators were coerced or that vital information was  withheld
that would have changed their assessment.

The AFPC/DPPP evaluation, with attachment, is at Exhibit C.

AFPC/DPPPWB states that based on the  applicant’s  date  of  rank  to  staff
sergeant, the first time she  was  considered  for  promotion  to  technical
sergeant was cycle 02E6.  Should the Board void  the  contested  report,  it
would  serve  no  useful  purpose   to   provide   her   with   supplemental
consideration for 02E6 cycle, as she could not  be  selected  based  on  the
fact that she missed selection by 54.04 points.
The AFPC/DPPPWB evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 4 October 2002, copies of the Air Force  evaluations  were  forwarded  to
the applicant for review and comment.  As of  this  date,  this  office  has
received no response (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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of error or injustice.  After reviewing  the  evidence  of  record
and the applicant’s submission, we  are  convinced  that  the  EPR  for  the
period in question should be voided.  The supporting documents  provided  by
the applicant are sufficient to cause  doubt  concerning  the  fairness  and
accuracy of the contested report.   In  this  respect,  we  note  statements
provided by the  applicant’s  rater  and  additional  rater  explaining  the
circumstances surrounding the  rating  on  the  EPR.   Both  the  rater  and
additional rater unequivocally state that if they  had  had  access  to  the
Letter of Evaluation and the Air Force Achievement  Medal  citation  at  the
time of their evaluation, these documents  would  have  added  credence  and
influenced their overall rating.  In view  of  this  and  the  circumstances
involved, we recommend that any doubt be resolved in the  applicant’s  favor
and conclude that the contested report should be declared void  and  removed
from her 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 12 October 1999 through  11  October  2000
be declared void and removed from her records.

_________________________________________________________________

The following members  of  the  Board  considered  this  application  AFBCMR
Docket Number 02-0258 in Executive Session on 19  February  2003  under  the
provisions of AFI 36-2603:

                 Mr. Thomas S. Markiewicz, Vice Chair
                 Mr. James W. Russell, III, Member
                 Ms. Kathleen F. Graham, Member

All members voted to correct the  records  as  recommended.   The  following
documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 7 July 2002, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPP, dated 13 September 2002.
     Exhibit D.  Letter, AFPC/DPPPWB, dated 18 September 2002.
     Exhibit E.  Letter, SAF/MRBR, dated 4 October 2002.





                                  THOMAS S. MARKIEWICZ
                                  Vice Chair

AFBCMR 02-02518




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 xxxxxxxxxxx, be corrected to show that the Enlisted Performance
Report, AF Form 910, rendered for the period 12 October 1999 through 11
October 2000 be, and hereby is, declared void and removed from her records.






  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency

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