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AF | BCMR | CY2003 | BC-2002-02758
Original file (BC-2002-02758.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-02758
            INDEX CODE:  111.05

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Enlisted Performance Report (EPR) for the period 6 Sep 00  through
1 Jul 01 be voided and removed from his record.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The comments  in  Block  VI  (Additional  Rater’s  Comments)  are  not
commensurate to the final rating; he was not at fault  or  responsible
for said programs.  There is an element of prejudice evidenced  by  an
earlier email distributed  base  wide  by  his  additional  rater  and
illegal punishment; there was evidence of miscommunication between two
other pertinent parties.

In support of his  appeal,  applicant  has  provided  a  copy  of  the
contested report and his appeal  package  to  the  Evaluation  Reports
Appeal Board (ERAB).  His complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s total active federal military service date (TAFMSD) is
16 November 1982.  The Personnel Data System reflects that his date of
separation was 30 November 2002, with retirement effective 1  December
2002.  He was serving in the grade of technical sergeant (TSgt  -  E6)
at retirement.  A profile of his last ten EPR’s follows:

            Closeout Date               Overall Rating

             04 Aug 94                  5
             30 Apr 95                  3
             17 Mar 96                  5
             05 Sep 96                  4 (Rater)
                                             5 (Indorser)
             05 Sep 97                  5
             05 Sep 98                  5
             05 Sep 99                  5
             05 Sep 00                  5
            *01 Jul 01                  5 (Rater)
                                             4 (Add’l Rater) (Ref)
             01 Jul 02                  5

* Contested report.


_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPE recommends denial citing AFI 36-2406.  DPPPE states that
the applicant’s rating chain documented  this  dispute  appropriately.
DPPPE contends, as did the ERAB, that the applicant failed to  provide
specific documentation to support any of his allegations  as  well  as
being unclear in his statement citing evidence of  a  miscommunication
between two other parties.
(Exhibit C.)

HQ AFPC/DPPPWB deferred to DPPPE’s evaluation and recommended  denial.
The contested report rendered the applicant ineligible  for  promotion
consideration to master sergeant (E7)  for  cycle  02E7.   Should  the
Board remove the contested EPR, the applicant  would  be  entitled  to
supplemental consideration for cycle 02E7.
(Exhibit D)

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
8 November 2002, for review and comment within 30 days.   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 warranting voidance of  the  contested
report.  After reviewing the available evidence, we are of the opinion
that the contested report contains  enough  contradictory  information
with respect to the additional rater’s comments and markings that some
doubt exists as to the accuracy and fairness of the  contested  report
and that any doubt should be resolved  in  the  applicant’s  favor  by
removing the contested  report  from  his  records.   Accordingly,  we
recommend that the  applicant’s  records  be  corrected  as  indicated
below.

______________________________________________________________



                                      2
THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to  show  that  the  AF  Form  910,
Enlisted Performance Report, rendered for the period 6 September  2000
through 1 July 2001, be declared void and removed from his records.

______________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 30 January 2003, under the provisions of AFI  36-
2603:

      Mr. Edward C. Koenig, III, Panel Chair
      Ms. Martha Maust, Member
      Mr. John E. Pettit, Member

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

    Exhibit A.  DD Form 149, dtd 26 Aug 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPE, dtd 22 Oct 02.
    Exhibit D.  Letter, HQ AFPC/DPPPWB, dtd 25 Oct 02
    Exhibit E.  Letter, SAF/MRBR, dtd 8 Nov 02.



                                   EDWARD C. KOENIG, III
                                   Panel Chair























                                      3

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