RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01811
            INDEX CODE:  111.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

The  Enlisted  Performance  Report  (EPR)  rendered  for  the   period
6 October 1999 through 5 October 2000 be  declared  void  and  removed
from his records and he be  provided  supplemental  consideration  for
promotion to the grade of master sergeant for cycle 02E7.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The  contested  report  is  unjust  because  it   contains   so   many
inconsistencies.  He has proven that written feedback  never  occurred
even though the record initially stated that  it  was.   There  is  no
documentation to support any significant change in his performance  or
behavior from his previous evaluations, which would have caused  there
to be a change in his rating for the rating period  in  question.   In
fact, the change in rating has been shown to have been  influenced  by
others outside of the rating chain  which  caused  the  report  to  be
changed from a “5” as originally written.  Personal bias dictated this
rating, not performance.

In support of the appeal,  applicant  submits  a  personal  statement,
memoranda for record from the NCOIC, Pharmacy Flight and the  Squadron
Section Commander, a statement from the former  section  commander,  a
copy of  the  AF  Form  948,  Application  for  Correction/Removal  of
Evaluation Reports, and copies of his last eight  EPRs  prior  to  the
contested report.  Applicant's complete submission, with  attachments,
is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Regular  Air  Force  in  the
grade of technical sergeant.

The following is a resume of his Enlisted  Performance  Reports  since
1994.

      PERIOD ENDING                 PROMOTION RECOMMENDATION

          5 Oct 94                          5
          5 Oct 96                          5
          5 Oct 97                          5
          5 Oct 98                          5
          5 Oct 99                          5
         *5 Oct 00                          4
          5 Oct 01                          5
          5 Oct 02                          5

      *Contested Report

The applicant filed an appeal under the  provisions  of  AFI  36-2401,
Correcting Officer and Enlisted Evaluation Reports,  1 December  1997.
The Evaluation Reports Appeal Board (ERAB) denied his request.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPE states that the applicant failed to substantiate  that  the
lack of a one time  formal  feedback  prevented  the  evaluators  from
preparing a just and accurate  report.   The  memos  provided  by  the
applicant clearly show he was lacking in his performance  during  this
time period and was rated accordingly.  The applicant had been working
for the same supervisor for several years and they found it improbably
that if the applicant was lacking in his performance that  the  rating
chain did not make him aware of it.   As  far  as  the  contention  of
coercion, the applicant did not provide any evidence  that  proved  or
indicated any coercion took place.  In fact, the rater  indicates  she
still stands  by  the  “4”  rating.   Air  Force  policy  is  that  an
evaluation report is accurate as written when it becomes a  matter  of
record.   There  are  no  errors  or  injustices  cited  in  the  EPR.
Therefore, they recommend denial of applicant’s request  (see  Exhibit
C).

AFPC/DPPPWB states that the first time the contested report  was  used
in the promotion  process  was  cycle  01E7.   The  applicant’s  total
promotion score was 300.51, and the score required  for  selection  in
his AFSC was 324.93.  If the EPR is removed, his total score would not
increase sufficiently to make him a select  for  promotion  for  cycle
01E7.  However, his total promotion score for cycle 02E7  was  325.32,
and the score required for selection in his AFSC 326.05.   Should  the
Board decide  to  void  the  report  as  requested,  providing  he  is
otherwise eligible, the applicant will  be  entitled  to  supplemental
consideration for cycle  02E7.   He  would  become  a  select  pending
favorable data verification and the recommendation of  his  commander.
As a matter of information, the applicant was a select for cycle  03E7
(promotions effective Aug 03 - Jul 04).   A  complete  copy  of  their
evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states  that  he  has  shown  there  were  a  number  of
inconsistencies  with  this  evaluation.   He  has  proven  that   the
integrity of the report is in question.  In reference to  the  summary
paragraph stating that it was not the lack of one time  feedback  that
prevented the evaluators from preparing a just  and  accurate  report,
but the fact that no formal feedback was ever given during this rating
period, he indicates that (he) the ratee had no opportunity to improve
if no administrative actions or formal  feedback  was  ever  given  to
indicate a need for improvement.  He has shown that the intentions  of
the rater were to give him a “5.”  As for the report  being  accurate,
he resubmitted the memos from  the  section  commander,  who  was  the
indorser of the contested report, stating  that  after  reviewing  all
documents  and  discussing  this  case   with   the   ratee’s   direct
supervisors, he feels that this EPR should be pulled or elevated to  a
“5.”

Applicant's complete response, with attachments, 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.  Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice warranting voidance of  the  contested
report.   After  reviewing  the  evidence  of  record,  the  Board  is
convinced that the contested report is not an accurate  assessment  of
applicant's performance during the period in question.  Based  on  the
statement submitted from the staff pharmacist, it appears  that  there
was undue command  influence  because  of  a  personal  conflict  that
existed between the applicant and the then pharmacy flight  commander.
The statement also reveals that the possibility exists that the  rater
was unable to render an honest assessment of  applicant's  performance
due to the conflict.  In view of the above, the Board recommends  that
the contested report be declared void and removed  from  his  records.
In addition,  we  recommend  he  be  provided  supplemental  promotion
consideration for all appropriate cycles beginning with cycle 02E7.

_________________________________________________________________

THE BOARD RECOMMENDS 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  6  October
1999 through 5 October 2000, be declared void and removed  from  his
records.

It is further recommended that applicant  be  provided  supplemental
consideration for promotion to the grade of master sergeant for  all
appropriate cycles beginning with cycle 02E7.

If AFPC discovers  any  adverse  factors  during  or  subsequent  to
supplemental  consideration  that  are  separate  and   apart,   and
unrelated to the issues involved in  this  application,  that  would
have rendered the  applicant  ineligible  for  the  promotion,  such
information will be documented and presented  to  the  board  for  a
final  determination  on  the  individual's  qualification  for  the
promotion.

If supplemental promotion consideration results in the selection for
promotion to the higher grade, immediately after such promotion  the
records shall be corrected to show that applicant  was  promoted  to
the higher grade on the date of rank established by the supplemental
promotion and that applicant is entitled to all pay, allowances, and
benefits of such grade as of that date.

__________________________________________________________________

The following members of the Board considered this application,  BC-
2003-01811, in Executive Session on 25  September  2003,  under  the
provisions of AFI 36-2603:

                  Mr. Robert S. Boyd, Panel Chair
                  Mr. James E. Short, Member
              Ms. Martha J. Evans, Member

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

   Exhibit A.  DD Form 149, dated 23 May 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPE, dated 25 Jun 03.
   Exhibit D.  Letter, AFPC/DPPPWB, dated 1 Jul 03.
   Exhibit E.  Letter, SAF/MRBR, dated 18 Jul 03.
   Exhibit F.  Applicant's Response, dated 8 Aug 03, w/atchs.




                                   ROBERT S. BOYD
                                   Panel Chair




AFBCMR BC-2003-01811
INDEX CODE:  111.00




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, be corrected to show that the Enlisted Performance Report,
AF Form 910, rendered for the period 6 October 1999 through 5 October
2000, be, and hereby is, declared void and removed from his records.

      It is further directed that he be provided supplemental
consideration for promotion to the grade of master sergeant for all
appropriate cycles beginning with cycle 02E7.

      If AFPC discovers any adverse factors during or subsequent to
supplemental consideration that are separate and apart, and unrelated to
the issues involved in this application, that would have rendered the
applicant ineligible for the promotion, such information will be
documented and presented to the board for a final determination on the
individual's qualification for the promotion.

      If supplemental promotion consideration results in the selection
for promotion to the higher grade, immediately after such promotion the
records shall be corrected to show that applicant was promoted to the
higher grade on the date of rank established by the supplemental
promotion and that applicant is entitled to all pay, allowances, and
benefits of such grade as of that date.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency