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AF | BCMR | CY2003 | BC-2003-00335
Original file (BC-2003-00335.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00335
            INDEX NUMBER:  111.00
      XXXXXXXXXXXX     COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Enlisted Performance Report (EPR) rendered on him for the  period
16 Jun 01 through 15 Jun 02 be voided and removed from his record.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The EPR contains many administrative  errors  such  as  an  incorrect
senior rater identification number, an incorrect number  of  days  of
supervision, and incorrect reason for the report.

He  was  unjustly  marked  down  in  Section   III,   Evaluation   of
Performance, in items one and three.   Both  Sections  five  and  six
contain statements that are not based on fact.  Additionally, the EPR
omits significant events that occurred during the  reporting  period.
He had a year-long personality  conflict  with  his  supervisor  over
motivating  subordinates,   maintaining   discipline,   setting   and
enforcing standards, evaluating subordinates fairly and consistently,
and fostering teamwork.  He elevated problems with their relationship
to two successive commanders on several  occasions,  without  result.
His supervisor was eventually  relieved  of  his  duties  due  to  an
investigation for conduct unbecoming an officer.

In support of his appeal, the applicant has provided a  copy  of  his
EPR and a copy of the Meritorious Service Medal he was awarded within
the reporting period of the contested report.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant served on active duty in the  Air  Force  from  Mar  81
through Dec 02.  He retired from the Air Force effective 1 Jan 03  in
the grade  of  chief  master  sergeant  (CMSgt).   A  review  of  the
applicant’s last 10 EPRs reflects overall ratings of “5.”   With  the
exception of the contested EPR rendered for  the  period  16  Jun  01
through 15 Jun 02, none of the reports contain downgraded markings in
any performance factors.  The EPR closing 15 Jun 02  is  marked  down
one block each in “Duty Performance” and “Leadership.”

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPE  strongly  recommends  that  the  applicant’s  request  be
denied.  While the applicant cites several reasons  why  he  believes
his rater was biased against him, he has not provided any evidence or
witness statements to corroborate his allegation. They note that  the
applicant had the same rating chain on his previous report, which was
a firewall “5.”  In accordance with AFI 36-2406 it  is  inappropriate
for evaluators to consider previous reports or ratings.  It is  clear
that his rating chain felt in the previous report that the  applicant
was a firewall performer, but changed  their  opinion  based  on  the
applicant’s performance during the rating period  for  the  contested
report.   The  applicant  also  did  not   provide   any   supporting
documentation to support  his  contentions  that  his  report  should
reflect “CRO,” the number of days supervision should be 227, and that
the evaluator assessments  in  Blocks  V  and  VI  were  unjustified.
Additionally,  the  applicant’s  contention  that  feedback  was  not
provided is not grounds to invalidate his report.

The complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded to the Air  Force  evaluation  by  requesting
that his case be temporarily withdrawn to allow him  time  to  gather
additional evidence in support of his request.

The applicant’s response is at Exhibit E.

_________________________________________________________________

ADDITIONAL REVIEW OF AIR FORCE EVALUATION:

In his second response to the Air  Force  evaluation,  the  applicant
indicates that he is ready to proceed with  his  case.   He  provides
supporting documentation for all of  his  contentions,  including  an
extract from an investigation conducted of his rater.  The  applicant
states that the contested EPR is unfair  for  someone  who  not  only
served honorably, but also had a stellar career, attaining the  grade
of CMSgt in less than 20  years  and  earning  numerous  awards.   He
further states that if it were not for his rater, he would  still  be
in the Air Force.

The applicant’s complete response, with attachments, is at Exhibit G.

_________________________________________________________________

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.  The Board was persuaded by  the
support the applicant  received  from  his  rater  and  other  senior
noncommissioned officers he served with to void the contested report.
 Enough doubt has been raised regarding the validity  of  the  report
that we believe the only  fair  action  is  to  remove  it  from  the
applicant’s records.   Therefore,  in  the  interest  of  equity  and
justice, we recommend that the applicant’s records  be  corrected  as
indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that the Senior  Enlisted
Performance Report (MSgt thru CMSgt), AF Form 911, rendered  for  the
period 16 Jun 01 through 15 Jun 02, be declared void and removed from
his records.

_________________________________________________________________

The following members of the Board considered Docket Number  BC-2003-
00335 in Executive Session on 8 October 2003, under the provisions of
AFI 36-2603:

      Thomas S. Markiewicz, Chair
      Ms. Martha Maust, Member
      Mr. Michael V. Barbino, Member

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

     Exhibit A.  DD Form 149, dated 25 Jan 03, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPPE, dated 11 Apr 03.
     Exhibit D.  Letter, SAF/MRBR, dated 18 Apr 03.
     Exhibit E.  Memorandum, Applicant, dated 13 May 03.
     Exhibit F.  Letter, AFBCMR, dated 14 May 03.
     Exhibit G.  Memorandum, Applicant, dated 11 Sep 03.




                                   THOMAS S. MARKIEWICZ
                                   Chair

AFBCMR BC-2003-00335


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 XXXXXXXX, XXX-XX-XXXX, be corrected to show that
the Senior Enlisted Performance Report (MSgt thru CMSgt), AF Form
911, rendered for the period 16 Jun 01 through 15 Jun 02 be, and,
hereby is, declared void and removed from his records.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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