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AF | BCMR | CY2003 | BC-2002-03408
Original file (BC-2002-03408.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  BC-2002-03408
            INDEX CODE 111.02  111.04
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

The closing date for the Enlisted Performance  Report  (EPR)  for  the
period 1 Nov 00 through 26 Jan 02 be changed to 31 Oct 02.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The previous EPR establishes that the inclusive  date  should  reflect
that of an annual EPR. His complete submission, with  attachments,  is
at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on  extended  active  duty  in  the
grade of master sergeant at Tinker AFB, OK, as an  inspection  section
dock chief. His last five EPRs reflect the following:

      CLOSING DATE     RATING     REASON FOR REPORT

      29 Apr 97        5          Annual (365 days)
      29 Apr 98        5          Annual (365 days)
      29 Apr 00        5          Annual (366 days)
      31 Oct 00        5          Change of Reporting Official
                                      (185 days)
      26 Jan 02        5          Annual (120 days)

The applicant did not submit  an  appeal  to  the  Evaluation  Reports
Appeal Board (ERAB).

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPE advises that, in accordance with  AFI  36-2406,  if  the
ratee is a senior airman or above and has not  had  a  report  for  at
least one year and the period of supervision has  been  at  least  120
days, the reason for the report is annual. The closeout  date  is  one
year from the previous EPR’s closeout date or when 120  calendar  days
of supervision have passed. The report reason is  still  annual.   The
number of days of  supervision  on  the  contested  EPR  is  120.  The
applicant did not have a minimum of 120 calendar days  of  supervision
on the normal annual date (31 Oct 01); therefore,  the  closeout  date
had to be adjusted to closeout on  the  day  the  applicant  met  that
minimum (26 Jan 02).

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 15 Nov 02 for review and comment 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.    Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. After a thorough  review  of  the
evidence  of  record  and  the  applicant’s  submission,  we  are  not
persuaded that the closing date  of  the  31  Oct  02  EPR  should  be
changed. The applicant’s contentions are duly noted;  however,  we  do
not  find  these  assertions,  in  and  by  themselves,   sufficiently
persuasive to override the rationale provided by the  Air  Force.  The
closing date had to be adjusted because the applicant  apparently  did
not have a minimum of 120 calendar days of supervision on  the  normal
annual date. The applicant has not established that the  closing  date
is inaccurate. We therefore adopt the rationale expressed as the basis
for our decision that the applicant has failed to sustain  his  burden
of having suffered either an error or an injustice.  In  view  of  the
above and absent persuasive evidence to the contrary, we conclude this
appeal should be denied.

_________________________________________________________________

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 17 April 2003 under the  provisions  of  AFI  36-
2603:

                 Mr. Albert F. Lowas, Jr., Panel Chair
                 Mr. Robert H. Altman, Member
                 Ms. Jean A. Reynolds, Member

The following documentary evidence relating to AFBCMR Docket  No.  BC-
2002-03408 was considered:

   Exhibit A.  DD Form 149, dated 13 Sep 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPE, dated 7 Nov 02.
   Exhibit D.  Letter, SAF/MRBR, dated 15 Nov 02.




                                   ALBERT F. LOWAS, JR.
                                   Panel Chair

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