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AF | BCMR | CY2003 | BC-2003-01190
Original file (BC-2003-01190.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                 DOCKET NUMBER:  BC-2003-01190
                                  INDEX CODE:  111.02
  XXXXXXXXXXXXXXXX                COUNSEL:  NONE

  XXXXXXXXXXX                     HEARING DESIRED:  NO
_________________________________________________________________

APPLICANT REQUESTS THAT:

His Enlisted Performance Report (EPR) rendered for the  period  of  21  July
1999 through 5 July 2001 be removed from his records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His physical, mental, and military situations prevented him  from  receiving
a valid performance report.

In support of his request, the applicant submits a copy  of  the  Evaluation
Reports Appeal Board (ERAB) denial letter dated 11 March  2003,  a  copy  of
the contested EPR, a copy of a supporting statement from  his  past  rater’s
supervisor, and copies of medical documentation.  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  21  July  1999.   He  has
continually served on active duty and has  been  progressively  promoted  to
the grade of senior airman (E-4), effective and with a date of  rank  of  21
June 2002.  Based on his 16 July 2003 reenlistment for four  years,  he  has
an established Date of Separation of 15 July 2007.

The applicant received an EPR for the period 21 July  1999  through  5  July
2001 (his initial performance report) with an overall rating of  three  (3).
The applicant submitted an appeal to the  Evaluation  Reports  Appeal  Board
(ERAB) in February 2003 requesting his EPR  for  the  period  21  July  1999
through 5 July 2001 be removed from his records.   On  11  March  2003,  the
ERAB notified the applicant’s military personnel office that his appeal  was
reviewed and denied because the applicant did not provide any  documentation
that proved the report was not a fair assessment of his performance at  that
time.  The applicant received an EPR  for  the  period  ending  29  December
2002, in which the promotion recommendation is a five (5).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPE recommends denial.  DPPPE  states  that  the  applicant  has  not
provided  any  supporting  documentation  contesting  the  validity  of  the
ratings or the comments made in the contested EPR.  It  is  DPPPE’s  opinion
that while the applicant’s medical profiles  may  have  prevented  him  from
performing some of his normal duties as a security forces member,  there  is
no evidence that his rating chain unfairly evaluated his performance due  to
his physical, mental and military situation.  The fact  that  the  applicant
does not agree with the report does not make  the  report  inaccurate.   The
AFPC/DPPPE evaluation is at Exhibit C.

The BCMR Medical Consultant is of the opinion that no change in the  records
is warranted based on medical evidence.  The BCMR Medical Consultant  states
that the record indicates the applicant  was  involved  in  reporting  other
members  of  his  prior  squadron  for  drug  usage  and  was   subsequently
transferred to his  present  base  under  the  provisions  of  the  airmen’s
protection program.  The applicant reported to  the  psychologist  that  his
current squadron members had harassed him  for  his  actions  at  his  prior
base.  The  applicant  was  diagnosed  with  Occupational  Problem  with  no
specific phobia present; however, he suffered increased anxiety due  to  his
working environment.  The psychologist’s memorandum  dated  1  August  2001,
noted the applicant showed some symptoms of post traumatic  stress  disorder
concluding that the impact of the applicant’s past events were  sufficiently
severe enough to prevent the applicant from effectively functioning  in  the
Security Forces career  field.   The  psychologist’s  report  indicated  the
applicant  was  worldwide  qualified  and  would  be  expected  to  function
adequately once away from the reminders of his traumatic history.

It is the BCMR Medical Consultant’s opinion that the applicant’s  documented
neck and back pain were intermittent and not  unusual,  comparable  to  many
other active duty  members  who  continue  to  perform  their  duties.   The
documented history of intermittent neck and back pain do  not  represent  an
extenuating circumstance that alone  explains  the  applicant’s  performance
report.  The records allude to,  but  do  not  detail,  work  place  related
problems leading to the symptoms  described  in  the  mental  health  record
entries.  In writing the  performance  report,  the  applicant’s  supervisor
presumably had the benefit of more detailed information regarding  the  work
environment issues  than  are  evident  in  the  record.  The  BCMR  Medical
Consultant’s evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the
applicant on 24 October 2003, 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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of error or injustice.  After a thorough review  of  the  evidence
of record, we are persuaded that the contested report  is  not  an  accurate
reflection of the applicant’s performance during  the  period  in  question.
Circumstances in this case cause us to believe that this EPR may  have  been
based upon personal feelings rather than  an  objective  evaluation  of  the
applicant’s performance.  We note that the  applicant’s  problems  coincided
with his assignment at his new duty station under  the  airmen’s  protection
program.  In our opinion, the increased anxiety he suffered in  his  working
environment from reported co-worker harassment, probably stemming  from  his
previous  job  as  an  informant,  contributed  to  an  unfair   performance
evaluation.  In view of the totality of the circumstances  involved,  it  is
conceivable that the contested report was based on personal bias and not  on
the applicant’s performance and potential.  In view of  the  foregoing,  and
in an effort to offset any possibility of an  injustice,  we  recommend  the
EPR be declared void and removed from his records.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that the Enlisted Performance  Report,  AF
Form 910, rendered for the period 21  July  1999  through  5  July  2001  be
declared void and removed from his records.

_________________________________________________________________

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

            Ms. Carolyn J.Watkins-Taylor, Panel Chair
            Ms. Martha J. Evans, Member
            Mr. Roscoe Hinton Jr., Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence for AFBCMR Docket Number BC-2003-01190 was considered:

      Exhibit A.  DD Form 149, dated 26 Mar 03, with attachments.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPPE, dated 30 Sep 03.
      Exhibit D.  Letter, BCMR Medical Consultant, dtd 7 Aug 03.
      Exhibit E.  Letter, SAF/MRBR, dated 24 Oct 03.




                                                   CAROLYN J.WATKINS-TAYLOR
                                                   Panel Chair



AFBCMR BC-2003-01190




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 XXXXXXXXXXXXXXXXXXXXXXXXX, be corrected to show that the
Enlisted Performance Report, AF Form 910, rendered for the period 21 July
1999 through 5 July 2001 be, and hereby is, declared void and removed
from his records.





  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency

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