RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-02406
            INDEX CODE:  111.02

            COUNSEL:  NONE

            HEARING DESIRED:  NO
_________________________________________________________________

APPLICANT REQUESTS THAT:

The  Enlisted  Performance  Report  (EPR)  rendered  for  the  period
29 January 2000 through 28 January 2001 be declared void and replaced
with a reaccomplished report.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The exclusion of the senior  rater’s  endorsement  on  the  contested
report was an act of reprisal as a result of a maltreatment complaint
and verbal abuse complaint against his immediate supervisor with  the
Medical Operations  Squadron  Commander.   This  complaint  was  used
negatively, which impacted the relationship with her immediate  chain
of command resulting in unfair treatment and consideration throughout
the rating period.

In support of the appeal, the applicant submits a personal statement,
a copy of the Mediation  Settlement  Agreement,  several  letters  of
congratulations, a statement from the superintendent saying applicant
was treated unfairly in her evaluation, a copy  of  her  sequence  of
events document, a statement from the rater stating that he  believes
the conflicting message in the first EPR would be misinterpreted  and
not truly representative of the  applicant’s  worth  to  the  Medical
Group,  and  a  statement  from  the  additional  rater  stating   he
recommends that consideration be given to the applicant for a  senior
level endorsement by the Medical Group Commander.

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

_________________________________________________________________

STATEMENT OF FACTS:

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

EPR profile since 1997 reflects the following:

      PERIOD ENDING                 EVALUATION OF POTENTIAL

        28 Jan 97                         5
        28 Jan 98                         5
        28 Jan 99                         5
        28 Jan 00                         5
       *28 Jan 01                         5
         9 Dec 01                         5

      *Contested Report

The applicant filed an appeal under the provisions  of  AFI  36-2401,
Correcting Officer and Enlisted  Evaluation  Reports,  on  1 December
1997.  The Evaluation Reports Appeal Board’s  (ERAB)  denial  of  her
request to substitute the report is at Exhibit A.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPE states that an  evaluation  report  is  considered  to  be
accurate and represent the rating chain’s best judgment at  the  time
it is rendered.  Once a report is  accepted  for  file,  only  clear,
strong evidence to the contrary warrants removal from an individual’s
record.  The burden of proof is on the applicant.  The applicant  has
not provided convincing evidence that  reprisal  or  undue  influence
resulted in the contested report closing below  senior  rater  level.
Therefore, they recommend denial of applicant’s request.

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

AFPC/DPPPWB  states  that  supplemental  promotion  consideration  is
granted on a case-by-case basis for reasons listed  in  AFI  36-2502,
Table 2.5.  A  member  will  not  normally  be  granted  supplemental
consideration if the error  or  omission  appeared  on  his/her  Data
Verification Record (DVR) or  in  the  Unit  Personnel  Record  Group
(UPRG) and the individual did not take the appropriate corrective  or
follow-up action before the original board convened.  The purpose  of
this policy is to reduce the number of “after the fact” changes  that
are initiated in an effort to get a second opportunity for promotion.
 The applicant did not file an  appeal  through  the  ERAB  until  19
November 2001, after the board convened for  cycle  01E9  (9  October
2001).  The first cycle the contested EPR was used in  the  promotion
process was cycle 01E9 to Chief Master Sergeant  (CMSgt)  (promotions
effective January 2002 – December 2002).  Should the AFBCMR void  the
report as requested, the applicant will be entitled  to  supplemental
consideration beginning with cycle 01E9 to CMSgt.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 11  October  2002,  copies  of  the  Air  Force  evaluations  were
forwarded to the applicant for review and response  within  30  days.
As of this date, this office has received no response.

_________________________________________________________________

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 probable error or injustice.   After  reviewing  the
applicant’s detailed statement of events and the statements  provided
in support of her appeal,  some  doubt  has  been  created  that  the
decision to  close  out  the  contested  report  without  a  reviewer
evaluation was based on  factors  other  than  the  applicant’s  duty
performance.  In view of the foregoing, and in an  effort  to  offset
any possibility of an injustice, we believe any doubt be resolved  in
the applicant’s favor and that the contested EPR should  be  declared
void and replaced with a  reaccomplished  report  covering  the  same
period.  In addition, she should be provided  supplemental  promotion
consideration for all appropriate cycles beginning with  cycle  01E9.
During the supplemental process, her record should  rescored  against
the appropriate benchmark records since,  given  the  nature  of  the
correction we propose, such a rescoring would  be  the  only  way  to
determine whether the applicant has been the victim  of  a  promotion
injustice because of the contested report.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that:

    a.  The Senior Enlisted Performance Report, AF Form 911, rendered
for the period 29 January 2000 through 28 January 2001,  be  declared
void and removed from her records.

    b.  The attached Senior Enlisted Performance Report, AF Form 911,
rendered for the period 29 January  2000  through  28  January  2001,
which reflect changes to Section VI, Additional Rater’s Comments, and
Section VII, Reviewer’s Comments, be placed in  her  records  in  its
proper sequence.

It is further recommended that  applicant  be  provided  supplemental
consideration for promotion to the grade of chief master sergeant for
all appropriate cycles  beginning  with  cycle  01E9,  to  include  a
mandatory rescoring of her corrected record against  the  appropriate
benchmark records.

If AFPC  discovers  any  adverse  factors  during  or  subsequent  to
supplemental consideration that are separate and apart, and unrelated
to the issues involved in this application, that would have  rendered
the applicant ineligible for the promotion, such information will  be
documented and presented to the board for a  final  determination  on
the individual's qualification for the promotion.

If supplemental promotion consideration results in the selection  for
promotion to the higher grade, immediately after such  promotion  the
records shall be corrected to show that applicant was promoted to the
higher grade on the date of  rank  established  by  the  supplemental
promotion and that applicant is entitled to all pay, allowances,  and
benefits of such grade as of that date.

_________________________________________________________________

The following members of the Board  considered  this  application  in
Executive Session on 23 January 2003, under the provisions of AFI 36-
2603:

                  Ms. Cathlynn Sparks, Panel Chair
                  Mr. John E. B. Smith, Member
              Mr. Joseph A. Roj, Member

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

   Exhibit A.  DD Form 149, dated 26 Jul 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPE, dated 24 Sep 02.
   Exhibit D.  Letter, AFPC/DPPPWB, dated 26 Sep 02.
   Exhibit E.  Letter, SAF/MRBR, dated 11 Oct 02.




                                   CATHLYNN SPARKS
                                   Panel Chair



AFBCMR 02-02406
INDEX CODE:  111.02




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, be corrected to show that:

                 a.  The Senior Enlisted Performance Report, AF Form
911, rendered for the period 29 January 2000 through 28 January 2001,
be, and hereby is, declared void and removed from her records.

                 b.  The attached Senior Enlisted Performance Report,
AF Form 911, rendered for the period 29 January 2000 through 28
January 2001, which reflects a change to Section VI, Additional
Rater’s Comments, and Section VII, Reviewer’s Comments, be placed in
her records in its proper sequence.

           It is further directed that applicant be provided
supplemental consideration for promotion to the grade of chief master
sergeant for all appropriate cycles beginning with cycle 01E9, to
include a mandatory rescoring of her corrected record against the
appropriate benchmark records.

           If AFPC discovers any adverse factors during or subsequent
to supplemental consideration that are separate and apart, and
unrelated to the issues involved in this application, that would have
rendered the applicant ineligible for the promotion, such information
will be documented and presented to the board for a final
determination on the individual's qualification for the promotion.

           If supplemental promotion consideration results in the
selection for promotion to the higher grade, immediately after such
promotion the records shall be corrected to show that applicant was
promoted to the higher grade on the date of rank established by the
supplemental promotion and that applicant is entitled to all pay,
allowances, and benefits of such grade as of that date.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency