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AF | BCMR | CY2003 | BC-2002-02499
Original file (BC-2002-02499.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-02499 (Case 3)
            INDEX CODE:  111.02

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her  Enlisted  Performance  Report  (EPR),  rendered  for  the  period
2 September 2000 through 27 July 2001, be declared  void  and  removed
from her records.
_________________________________________________________________

APPLICANT CONTENDS THAT:

The contested EPR is not a true reflection of her professional  ethics
or quality of work on or off duty.

The contested EPR was written as reprisal by  her  rater  due  to  her
seeking assistance from the Military Equal  Opportunity  (MEO)  office
regarding sexual harassment involving another individual in the unit.

In support of her request, the applicant submits a copy of her  8 July
2002 appeal of her Inspector General (IG) complaint,  with  additional
documents associated with the issues cited in her contentions, and  an
inquiry from her Congressman.  The  applicant’s  complete  submission,
with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is
9 July 1981.  She is currently serving on active duty in the grade  of
senior master sergeant (E-8), with an effective date and date of  rank
of 1 July 1992.

With the exception of  the  contested  report,  all  EPRs  since  1991
contain “firewall ratings.”

On 27 February 2002, the applicant was advised of the results  of  her
IG reprisal complaint filed on 21  September  2001.   The  allegations
that she was reprised against by receiving a referral EPR for making a
protected disclosure with the Military Equal  Opportunity  office  and
that she was unfairly treated by receiving a verbal no  contact  order
were found to be non-substantiated and her case was  dismissed  (refer
to Exhibit A).

A similar appeal by the applicant, under Air Force  Instruction  (AFI)
36-2401, was considered and denied by  the  Evaluation  Report  Appeal
Board (ERAB) on 27 November 2001 (refer to Exhibit A).
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPE recommends the application be denied. DPPPE stated  that
subsequent to the Evaluation Reports Appeal Board  (ERAB)  denied  her
appeal because she could not prove her conjecture  about  the  rater’s
motives, the applicant filed  a  Freedom  of  Information  Act  (FOIA)
request to obtain her rater’s memoranda regarding her situation.   The
FOIA  provided  memoranda  from  the  rater,  the  commander  and  the
individual the applicant contends harassed her.  The  memoranda  state
the applicant continually tried to contact the individual she contends
was harassing her even after they made it clear to her she was not  to
contact the individual.  The applicant  contends  she  only  tried  to
contact the individual to express to him that she  wanted  his  sexual
harassment to stop.  Subsequent to her meeting with  the  MEO  office,
the  rater  provided  a  punitive  feedback  to  the  applicant.   The
applicant  filed  a  complaint   for   Reprisal   and   Extension   of
Whistleblower  Protection  with  the  IG  on  4  June  2001.   The  IG
determined a feedback session was not a negative personnel action  and
therefore did not constitute reprisal.  The applicant then filed an IG
complaint on 13 August 2001 after she  had  been  presented  with  her
referral EPR.  The  IG  dismissed  the  complaint  because  documented
evidence against the complainant supported the 2 EPR rating.   The  IG
stated that the applicant’s own complaint indicated she was the sexual
aggressor.  The IG did state that the situation  was  handled  poorly.
Based on this recommendation, the commander upgraded the report from a
referral “2” rating  to  a  non-referral  “4”  rating.   Although  the
commander supports voiding the report, he does state, “I stand  by  my
comments on the EPR….”

DPPPE stated that the applicant did not  provide  convincing  evidence
that she was reprised against for submitting an MEO complaint  against
her rater.  The allegation of reprisal was thoroughly investigated  by
the local IG and was unsubstantiated.  This  application  provides  no
new evidence to refute the IG’s finding.   A  complete  copy  of  this
evaluation is appended at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion  and  indicated  that  the
investigating official of the IG report of allegation of reprisal  and
extension of Whistleblower Protection under 10 U.S.C.  1034  made  the
following statement: “We reviewed SMSgt Collet’s UPRG  and  PIF.   She
has  an  outstanding  service  record  and  there  was   no   negative
information in her PIF.”  If her behavior would have been of a  nature
to warrant a referral EPR and be identified as a  “sexual  aggressor,”
one would believe her  PIF  (Personal  Information  File)  would  have
contained control roster information,  letters  of  reprimands  and/or
letters of counseling.  In  support  of  her  request,  the  applicant
submits copies of e-mails concerning her pending IG complaint  appeal.
The applicant’s complete copy  submission,  with  attachments,  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 a thorough review  of  the
evidence of record and applicant’s submission, we are unpersuaded that
the contested EPR should be removed from her record.  The  applicant’s
allegations  of  reprisal  and  unfair  treatment  were  found  to  be
nonsubstantiated  and  the  local  IG  office  dismissed   her   case.
Following approval  by  the  Secretary  of  the  Air  Force  Inquiries
Division (SAF/IGQ) and the Department of  Defense  Special  Inquiries,
the applicant’s case was closed.   The  applicant  has  not  presented
convincing evidence substantiating her allegations that the report was
a biased, retaliatory, or inaccurate  assessment  of  her  performance
during the pertinent rating period.  We note that the additional rater
used his discretionary authority  to  disagree  with  the  rater.   It
appears that the applicant was rated properly based on the evaluators’
perception of her performance at that point in time.  Other  than  the
applicant’s  unsubstantiated  allegations,  we  find  no  evidence  to
indicate reprisal or unfair treatment on the part  of  her  superiors.
We believe the applicant has failed to provide sufficient evidence  to
substantiate that she has been the victim of an  error  or  injustice.
We find no compelling basis to recommend granting the relief sought in
this application.

4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of   the   issues   involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________

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 13 February 2003, under the provisions of AFI 36-
2603:

                  Mr. Philip Sheuerman, Panel Chair
                  Ms. Cheryl Jacobson, Member
                  Mr. David W. Mulgrew, Member

The following documentary evidence was considered in  connection  with
AFBCMR Docket Number 02-02499.

   Exhibit A.  DD Form 149, dated 2 August 2002, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPE, dated 27 September 2002.
   Exhibit D.  Letter, SAF/MRBR, dated 4 October 2002.
   Exhibit E.  Letter from Applicant, dated 22 October 2002,
               w/atchs.




                                   PHILIP SHEUERMAN
                                   Panel Chair

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