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AF | BCMR | CY2003 | BC-2003-00772
Original file (BC-2003-00772.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                 DOCKET NUMBER:  BC-2003-00772
                                  INDEX CODE:  111.02
  XXXXXXXXXXXXXXXXXXXX       COUNSEL:  NONE

  XXXXXXXXXXXX                    HEARING DESIRED:  NOT INDICATED
_________________________________________________________________

APPLICANT REQUESTS THAT:

His Enlisted Performance Report (EPR) rendered for  the  period  of  12  May
2001 through 12 March 2002 be removed from his records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The report in question should not have  been  written  due  to  insufficient
supervision, creating an inaccurate evaluation of his performance.

In support of his request, the applicant submits a copy  of  the  Evaluation
Reports Appeal Board (ERAB) denial letter dated 10 January 2003, a  copy  of
the contested EPR, a copy of  the  referral  EPR  notification,  a  copy  of
supporting statements from his raters and additional rater, a  copy  of  his
TDY  voucher,  and  his  letter  concerning  his  former   commander.    The
applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The Military Personnel Database  (MilPDS)  indicates  the  applicant  has  a
Total Active Federal Military Service Date of 26  September  1983.   He  has
continually served on active duty and has  been  progressively  promoted  to
the grade of technical sergeant (E-6), effective and with a date of rank  of
1 April 1998.

On 6 November 2001, the applicant received  an  Article  15  punishment  for
leaving his appointed place  of  duty  and  overindulgence  in  intoxicating
liquor,  incapacitating  him  for  proper   performance   of   his   duties.
Punishment imposed was a suspended reduction in  grade  to  staff  sergeant,
forfeiture of $150 pay per month for 2 months, and 14 days extra duty.

The applicant received a referral EPR for the period 2 May 2001  through  12
March 2002.  The applicant submitted an appeal  to  the  Evaluation  Reports
Appeal Board (ERAB) in December 2002 requesting his EPR for  the  period  12
May 2001 through 12 March 2002 be removed from his records.  On  10  January
2003, the ERAB notified the applicant’s military personnel office  that  his
appeal was returned without action because he did not have a statement  from
his commander supporting the change of reporting official (CRO).  A copy  of
the ERAB’s decision is included with Exhibit A.

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

      PERIOD ENDING          PROMOTION RECOMMENDATION

    04 Jul 96                     5
    01 May 97                     5
    01 May 98                     5
    01 May 99                     5
    01 May 00                     5
    01 May 01                     5
    12 Mar 02*                    2
    29 Dec 02                     5

* Contested report

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPE recommends denial to void  the  applicant’s  EPR;  however,  they
support changing block 8 on  the  contested  EPR  to  reflect  263  days  of
supervision.

It is the applicant’s contention that he  was  reassigned  to  another  duty
section effective 29 November 2001 and that he was TDY in excess of 30  days
during the rating period; therefore, the EPR in  question  should  not  have
been written due to insufficient supervision.  He has provided letters  from
both the rater and additional rater supporting the contention  that  he  was
reassigned effective  29  November  2001.   Additionally,  he  has  provided
documentation supporting his contention that he was  TDY  in  excess  of  30
consecutive days.  Using the applicant’s calculations, his calendar days  of
supervision would be less than 120.

DPPPE indicates that AFI 36-2406, Officer and Enlisted  Evaluation  Systems,
paragraph 3.2.5.4,  indicates  that  the  commander  determines  the  rating
chain.  Therefore, the commander would have to certify  that  the  applicant
changed raters effective 29 November 2001.  DPPPE also  cites  AFI  36-2406,
table 3.7, rule 16, “If the rater changes as a result of PCS or  PCA  or  an
approved change of designated rater and the period of supervision  has  been
at least 120 calendar days (the period of required  supervision  is  reduced
to 60 or more calendar days for referral reports), then the reason  for  the
report is change of reporting official (CRO).”  Although the  applicant  did
not submit support from his commander substantiating his contention that  he
was reassigned on 29 November 2001, if  you  were  to  use  the  supervision
timeframe that the applicant alleges took place, you still end  up  with  90
days of  supervision.   That  is  enough  supervision  to  substantiate  the
validity of the referral EPR.  Since  the  applicant  did  not  provide  the
necessary support from his commander, the only  supported  correction  cited
in  the  applicant’s  request  for  relief  is  that  the  number  of  day’s
supervision should be reduced by 52 days to equal 263 days.  The  AFPC/DPPPE
evaluation is at Exhibit C.

AFPC/DPPPWB defers to DPPPE’s recommendation.  DPPPWB states the first  time
the applicant’s contested report was  used  in  the  promotion  process  was
cycle 02E7 to master sergeant (promotions effective Aug 02 - Jul  03).   The
fact that the EPR was a  referral  rendered  the  applicant  ineligible  for
promotion consideration.  Should the AFBCMR void the  report  as  requested;
he remains ineligible for promotion consideration for cycle 02E7 due to  the
Article 15 received on 6 November 2001.  The  imposed  punishment  consisted
of a suspended reduction in grade  to  SSgt  until  6 November  2001,  which
rendered the applicant ineligible for promotion consideration.   Should  the
Board void the report, providing he is  otherwise  eligible,  the  applicant
will be entitled to supplemental consideration  beginning  with  cycle  03E7
providing he is not selected during  the  initial  selection  process.   The
AFPC/DPPPWB evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 9 May 2003, copies of the Air Force evaluations  were  forwarded  to  the
applicant for review  and  comment.   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 an error or injustice with respect to the  number  of  days  of
supervision shown on the applicant’s EPR closing 12 March 2002.  It  appears
that an error occurred at the time the applicant’s  EPR  was  written.   The
applicant was TDY  for  a  total  of  52  days  during  the  rating  period;
therefore, the number of days of supervision in block 8, section  I,  should
be  adjusted  to  263,  as  was  recommended  by  the  office   of   primary
responsibility.

4.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error or injustice warranting favorable  consideration
of the applicant’s request that the contested report  be  removed  from  his
records.  The applicant asserts that there was inadequate supervision  under
the rater and additional rater for an EPR to be rendered; however,  we  find
no persuasive documentation was provided to support this contention.   While
the rater and additional rater have made statements to redefine  the  rating
period, no evidence has been provided in the form  of  a  statement  by  the
commander, who was responsible for approving a  change  of  evaluators.   In
view of this and in the absence of evidence showing the contested report  is
an inaccurate depiction of his performance during the  referent  period,  we
agree with the opinion  and  recommendation  of  the  Air  Force  office  of
primary responsibility.  Accordingly, his request to set aside  his  EPR  is
not favorably considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that the number of  days  of  supervision
shown in Section I, Item 8 of  the  Enlisted  Performance  Report  (AB  thru
TSgt), AF Form 910, rendered for the period 2  May  2001  through  12  March
2002 was “263,” rather than “315.”

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 18 June 2003, under the provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Vice Chair
      Mr. Wayne R. Gracie, Member
      Mr. Billy C. Baxter, Member

All members voted to correct the records, as recommended, and  to  deny  the
applicant’s stated request.  The following documentary evidence  for  AFBCMR
Docket Number BC-2003-00772 was considered:

     Exhibit A.  DD Forms 149, dated 26 Feb 03.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPE, dated 17 Apr 03.
     Exhibit D.  Letter, AFPC/DPPPWB, dated 24 Apr 03.
     Exhibit E.  Letter, SAF/MRBR, dated 9 May 03.




                                  THOMAS S. MARKIEWICZ
                                  Vice Chair


AFBCMR BC-BC-2003-00772




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 XXXXXXXXXXXXXXXXXXXXXXXX, be corrected to show that the number
of days of supervision shown in Section I, Item 8 of the Enlisted
Performance Report (AB thru TSgt), AF Form 910, rendered for the period 2
May 2001 through 12 March 2002 was “263,” rather than “315.”






JOE G. LINEBERGER

Director

Air Force Review Boards Agency

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