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AF | BCMR | CY2003 | BC-2003-00373
Original file (BC-2003-00373.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00373
            INDEX CODE:  111.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Enlisted Performance Report (EPR)  rendered  for  the  period  2 Dec  99
through 1 Dec 00, be declared void and removed from his records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The report is biased and  based  entirely  on  an  isolated  incident.   The
initial report was generated as a command-directed report  with  a  closeout
date of 26 Sep 00 as a result of nonjudicial punishment  he  was  receiving.
He was served the referral report notice on 20  Dec  00  and  submitted  his
response on 3 Jan 01.  In February 2001, he received an altered  version  of
the report signed on 5 Feb 01 with a changed closeout  date  of  1  Dec  00.
The EPR was also  changed  from  a  command-directed  report  to  an  annual
report.  AFI 36-3406, paragraph 3.9.2., states "...if after  a  referral,  a
subsequent evaluator upgrades the rating  and/or  invalidates  the  referral
comments, the nonconcur block is marked and comments are made in support  of
the disagreement in the ratings  of  comments.   The  report  is  no  longer
considered referral; however, retain original referral  correspondence  with
the report.  This was not done."  Although  the  Air  Force  states  that  a
report is a working document, it also states that if a change is made  after
being served, the ratee must be given an additional ten days to respond  and
comments provided  be  attached  to  the  report.   The  Evaluation  Reports
Appeals  Board  (ERAB)  returned  his  first  appeal  requesting  additional
support for his case.  His second appeal  was  denied  indicating  that  the
support he provided was insufficient.

During the particular time period, his unit had  four  court-martials  going
on for sexual misconduct.  Applicant believes that because of this,  it  did
not look good for him to have any accusations going on at the time and  that
the letter of reprimand he received for  not  portraying  a  positive  image
should have been enough.

In support of his request, applicant provided documentation associated  with
his ERAB appeal.  His complete submission, with attachments, is  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

Data extracted from the personnel data system reflects  that  the  applicant
contracted his initial enlistment in the Regular Air Force on 28 Jul 88  and
has been progressively promoted to  the  grade  of  staff  sergeant,  having
assumed that grade effective and with a date of rank of 1 Jan 97.

On 28 Sep 00, the applicant was notified by his commander of his  intent  to
recommend nonjudicial punishment under Article 15 of the UCMJ  for  engaging
in an unprofessional relationship with a female  while  married  to  someone
other than that female.  He was advised of his rights  in  this  matter  and
acknowledged receipt of the notification on 10  Oct  00.   After  consulting
counsel, the applicant waived his right to demand  trial  by  court-martial,
accepted  Article  15  proceedings,  and  provided  a   written   and   oral
presentation to his commander.  On 11 Oct 00,  after  consideration  of  all
the facts, his commander determined that he committed one  or  more  of  the
offenses alleged and imposed punishment on the  applicant.   He  received  a
suspended reduction to the grade of senior airman and was reprimanded.   The
applicant did not appeal his punishment.

The following is a resume of the applicant's recent EPR profile:

      PERIOD ENDING    PROMOTION RECOMMENDATION

            31 Dec 02        5
            30 Nov 01        5
            01 Dec 00*       3
            01 Dec 99        5
            17 Jul 99        5
            17 Jul 98        4
            10 Nov 97        4
            10 Nov 96        4
* - Contested Report

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPE recommends denial.  DPPPE states that in accordance with AFI  36-
2406, EPRs become a matter of record when the original is filed in the  Unit
Personnel Record Group (UPRG).   Evaluation  reports  are  work  copies  and
evaluators may correct or redo them until the reports  become  a  matter  of
record.  Furthermore,  Table  3.2.,  states   "Evaluators   should   discuss
disagreements when preparing reports.  Prior evaluators are first  given  an
opportunity to change the evaluation; however, they will  not  change  their
evaluation  just  to  satisfy  the  evaluator  who   disagrees."    In   the
applicant's case the additional rater disagreed with the rater and chose  to
discuss his disagreement with the rater.  The rater then  chose  to  rewrite
the EPR as a non-referral.  It  is  the  rating  chain's  responsibility  to
assess and document what the ratee did, how well he did it, and the  ratee's
potential based on that performance.  The performance  is  recorded  on  the
EPR, along with a valid and realistic recommendation for  promotion.   There
were no errors cited in this EPR.  The applicant has failed  to  prove  that
the documented performance on his contested EPR was inaccurate.   The  DPPPE
evaluation is at Exhibit C.

AFPC/DPPPWB recommends denial.  DPPPWB states that the  referral  report  in
question was actually a working copy that closed out 26 Sep  00,  but  never
made it to his records.  That report  was  reaccomplished  with  a  closeout
date of 1 Dec 00, as a nonreferral report, and was placed into his  official
record.  The first time  the  contested  report  would  normally  have  been
considered in the promotion process was cycle 01E6.  However, on 11 Oct  00,
the applicant received an  Article  15  with  a  suspended  reduction  which
rendered him ineligible  for  promotion  consideration.   Should  the  Board
decide to remove the report, he would become a select  for  the  02E6  cycle
pending a favorable data verification and recommendation of  the  commander.
The DPPPWB evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  14
Mar 03 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 an error  or  injustice  that  would  warrant  removal  of  the
contested report.  Applicant contends that undue  emphasis  on  an  isolated
incident  and  improper  processing  procedures,  resulted  in  an  unfairly
written performance report.  His contentions are duly noted; however, we  do
not find his uncorroborated assertions, in and by  themselves,  sufficiently
persuasive to override the evidence of record and the rationale provided  by
the Air Force.  We are not convinced by the evidence he provided in  support
of his appeal, that  the  contested  report  is  not  a  true  and  accurate
assessment of his performance during the specified time period or  that  the
report was not processed in accordance with regulations  in  effect  at  the
time.  Therefore, we agree with the opinions and recommendation of  the  Air
Force offices of primary responsibility and adopt  their  rationale  as  the
basis for our conclusion that the applicant has not been the  victim  of  an
error or injustice.  In the absence of persuasive evidence to the  contrary,
we find no compelling basis to recommend granting the relief sought in  this
application.

_________________________________________________________________

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 AFBCMR Docket Number  BC-2003-
00373 in Executive Session on 3 Jun 03, under  the  provisions  of  AFI  36-
2603:

      Mr. Wayne R. Gracie, Panel Chair
      Mr. George Franklin, Member
      Mrs. Carolyn J. Watkins-Taylor, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 Jan 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPE, dated 19 Feb 03.
    Exhibit D.  Letter, AFPC/DPPPWB, dated 3 Mar 03.
    Exhibit E.  Letter, SAF/MRBR, dated 14 Mar 03.




                                   WAYNE R. GRACIE
                                   Panel Chair

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