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AF | BCMR | CY2003 | BC-2003-00432
Original file (BC-2003-00432.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00432
            INDEX CODE:  111.05

            COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

The Enlisted Performance  Report  (EPR)  rendered  for  the  period
17 Oct 00 - 16 Oct 01 be removed.

___________________________________________________________________

APPLICANT CONTENDS THAT:

Her EPR is unjust because she never received any type  of  feedback
written or verbal stating that she was an “average” worker and  has
consistently received feedback to the contrary.  She  received  one
feedback during this period, which she  perceived  as  a  favorable
one.

She was moved to another noncommissioned officer-in-charge  (NCOIC)
position and believes that her supervisor based the EPR rating on a
memorandum  for  record  (MFR)  from  her  former  element   chief.
Furthermore, the MFR was written during her orientation  period  as
documentation of training and she believes that if it  was  written
for poor work performance warranting a “3” rating,  she  would  not
have been allowed to assume another NCOIC position  after  training
was completed.

In support of her appeal, applicant submitted a personal statement,
dated 31 Jan 03; a  copy  of  her  statement  to  the  ERAB,  dated
14 Jan 02; a copy of an MFR from her former  element  chief,  dated
3 Aug 01; a copy of her EPR closing 16 Oct 01 and an AF  Form  931,
Performance Feedback Worksheet (AB thru TSgt), dated 5 Jul 01.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant is currently serving on active duty in the grade of staff
sergeant (SSgt), with a Date of Rank (DOR) of 1 September 1999.

A resume of applicant’s last ten EPRs follows:


            PERIOD CLOSING              OVERALL EVALUATION

                 23 Sep 94                                    4
                 23 Sep 95                                    5
                 23 Sep 96                                    5
                 02 May 97                                    4
                 02 May 98                                    4
                 02 May 99                                    4
                 02 May 00                                    4
                 16 Oct 00                                    5
      *          16 Oct 01                                    3
                 16 Oct 02                                    4

*  Contested Report

The applicant appealed the contested report under the provisions of
AFI 36-2401, Correcting Officer and  Enlisted  Evaluation  Reports;
however, her appeal was returned without action by  the  Evaluation
Reports  Appeal  Board  (ERAB)   as   there   was   no   supporting
documentation from the rating chain.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPE reviewed this  application  and  recommended  denial.
They state that the applicant contends that the EPR  was  based  on
personal conflict rather than an accurate assessment of her  actual
performance.   The  applicant  has  not  provided  any   supporting
documentation  to  substantiate  her  allegation.   The   applicant
contends that based on her 5 Jun 01 performance feedback (which she
interpreted as favorable) she was unaware of the rater’s impression
that  her  performance  was  regressing  and   needed   significant
improvement.  They indicate that after examining her  feedback,  it
is clear that her rater pointed out  several  areas  in  which  she
required improvement.  She received a rating of “3”  (consider  for
promotion) on the contested EPR, indicating she met standards.  Air
Force policy states it is  the  rating  chain’s  responsibility  to
“assess and document what the ratee did, how well he or she 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  (differentiating  between
ratees with similar performance records).  Air Force policy is that
an evaluation report is accurate  as  written  when  it  becomes  a
matter of record.

They found no errors or injustices on the 16 Oct 01  EPR,  and  the
applicant’s allegations were unsubstantiated.

A complete copy of the Air Force evaluation is at Exhibit C.

HQ AFPC/DPPPWB reviewed the  application  in  regard  to  promotion
consideration should the application be approved.  The  first  time
the contested report was used in the promotion  process  was  cycle
02E6 to technical sergeant (promotions  effective  Aug  02  through
Jul 03).  Should  the  board  remove  her  EPR  as  requested,  the
applicant will be entitled to supplemental promotion consideration.
 However, she would not become a select as she missed promotion  by
more than 40 points.

They defer to the recommendation of HQ AFPC/DPPPE.

A complete copy of the Air Force evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reiterated her original contentions and further explained
the circumstances surrounding her understanding of the  performance
feedback system and preparation of the worksheet.

She provided a personal statement, dated 17 Mar 03; a  letter  from
her squadron commander on the contested report,  and  a  letter  of
support from the NCOIC, Medical Flight.

Applicant’s complete response is at Exhibit F.

___________________________________________________________________

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.  We took notice of
the applicant's complete submission in judging the  merits  of  the
case.  However, in our opinion, these documents do  not  support  a
finding that the  evaluators  tasked  with  the  responsibility  of
assessing  her  performance  were  unable  to  render  an  unbiased
evaluation of her duty performance or that the evaluation was based
on factors other than the applicant’s duty performance  during  the
contested rating period.  Furthermore, it appears that based on the
markings on the form  the  applicant  interpreted  her  performance
feedback to be favorable.  However, we note that  the  comments  on
the feedback form  clearly  pointed  out  areas  where  she  needed
improvement.  In view of the  foregoing,  and  in  the  absence  of
evidence to the contrary, we conclude that there is no  basis  upon
which to recommend favorable action on the applicant’s request  for
removal of the contested report from her records.

___________________________________________________________________



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-2003-00432 in Executive  Session  on  21  May  2003,  under  the
provisions of AFI 36-2603:

      Mr. Thomas J. Topolski Jr., Panel Chair
      Ms. Marilyn Thomas, Member
      Ms. Ann-Cecile McDermott, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 31 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 26 Feb 03.
    Exhibit E.  Letter, SAF/MRBR, dated 14 Mar 03.
    Exhibit F.  Letter, Applicant, dated 17 Mar 03, w/atchs




                                   THOMAS J. TOPOLSKI JR.
                                   Panel Chair

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