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AF | BCMR | CY2004 | BC-2003-03017
Original file (BC-2003-03017.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03017
                       INDEX CODE:  111.02

                       COUNSEL:  None

                       HEARING DESIRED:  Yes

_________________________________________________________________


APPLICANT REQUESTS THAT:

The Enlisted Performance Report (EPR) rendered for the period  6 March
2000 through 5 March 2001 be removed from his records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His signature was forged on his  notification  feedback  letter.   His
record is based on falsified US  Air  Force  documents  to  which  his
signature was forged.  He was not provided feedback  sessions  by  his
rater/supervisor throughout the period  of  supervision.  His  rater’s
comments are inconsistent  with  the  evaluation  of  his  performance
ratings.  He was singled out for the treatment, which was inconsistent
with the treatment of his peers.  This injustice resulted in  his  not
being allowed to retrain into another  career  field  within  the  Air
Force Reserves.

Applicant's complete submission,  with  attachments,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in Regular Air Force on 8 October  1993  for  a
period of four years.  The applicant reenlisted in the Air Force on 29
November 1996 for a period of four years.

On 17 April 2001, the applicant filed an AF Form  1168  (Statement  of
Suspect/Witness/Complaint) contending that his signature was forged on
a notification feedback letter for the EPR closing 5 March 2001.   The
results of the official investigation were not provided.

The applicant was honorably discharged on 28 April 2001.  He served  7
years, 6 months and 28 days of active service.

The applicant appealed the contested report under  the  provisions  of
AFI 36-2401, Correcting Officer and Enlisted Evaluations Reports.  The
Evaluation Reports Appeal Board (ERAB) returned the applicant’s appeal
without  action  because  he  was  no  longer  on  active  duty  or  a
participating reservist.

The applicant’s EPR profile reflects the following:

                 PERIOD ENDING               OVERALL EVALUATION

                    7 Jun 95                       5
                   13 Apr 96                       5
                   13 Apr 97                       5
                    5 Mar 98                       5
                    5 Mar 99                       5
                    5 Mar 00                       5
                   *5 Mar 01                       4

* Contested report.

_________________________________________________________________

AIR STAFF EVALUATION:

AFPC/DPPPEP states the applicant’s  contention  that  his  performance
feedback notification was signed by his rater and  his  signature  was
forged was not substantiated by evidence.  They further state they are
not handwriting experts  and  cannot  provide  an  official  analysis,
however,  they  do  agree  that  the  signatures   on   the   feedback
notification appear to be different than the other documents that were
signed by the applicant and rater.  Without an official investigation,
the validity of the performance  feedback  document  is  questionable.
The applicant further alleged unfair treatment based on the fact  that
no  formal  investigation  occurred  regarding  the  “forgery.”    The
applicant’s specialty was in security forces and he should  have  been
aware of the procedures required to complete an  official  inquiry  at
that time;  and  there  is  no  evidence  that  an  investigation  was
completed.  The applicant has not provided any evidence to support his
contention that he was not provided a feedback session  on  21 October
2000.  Apparently, the rater’s  records  indicated  the  feedback  was
accomplished on 21 October 2000, which is what was  annotated  on  the
report.  Furthermore, if neither feedback  session  took  place,  that
alone  does  not  mean  the  actual  assessment  of  the   applicant’s
performance is not accurate.

The applicant further stated that the ratings and the comments do  not
match on the report.  The ratings on  a  report  are  marked  for  the
servicemember’s performance through the  entire  rating  period  as  a
whole.  The comments are used  to  report  specific  events  that  the
servicemember may have excelled in, however, this does not necessarily
mean  the  servicemember  excelled  the   entire   reporting   period.
Furthermore, the report is  the  rating  chain’s  assessment--not  the
applicant’s.

AFPC/DPPPEP further states the applicant’s supervisory chain  has  not
provided any documentation indicating an injustice has occurred.   The
validity of the document the applicant alleges  to  have  been  forged
cannot be verified and the applicant has not provided any evidence  to
substantiate the report was not  an  accurate  of  assessment  of  his
performance during the rating period.

A complete copy of their evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR STAFF EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
15 November 2003, for review  and  response.   As  of  this  date,  no
response has been received by this office.

_________________________________________________________________

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  removal  of  the
contested report.  After reviewing the available evidence,  the  Board
believes the applicant’s and the rater’s signatures  on  the  feedback
notice and contested report are different than  other  documents  they
signed.  Without official documentation attesting to the  validity  of
the signatures, some doubt exists as to accuracy and fairness  of  the
contested report.   In view of the above findings, we believe that any
doubt should be resolved in the  applicant’s  favor  by  removing  the
contested report from his records.  Accordingly, we recommend that the
applicant’s records be corrected as indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to  show  that  the  AF  Form  910,
Enlisted Performance Report, rendered for  the  period  6  March  2000
through 5 March 2001, be declared void and removed from his records.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2003-03017  in  Executive  Session  on  13  January  2004,  under  the
provisions of AFI 36-2603:

                        Ms. Charlene Bradley, Panel Chair
                        Ms. Olga M. Crerar, Member
                        Mr. Christopher Carey, Member

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

      Exhibit A. DD Form 149, dated 28 Aug 03, w/atchs.
      Exhibit B. Applicant's Enlisted Performance Reports.
      Exhibit C. Letter, AFPC/DPPPEP, dated 6 Nov 03.
      Exhibit D. Letter, SAF/MRBR, dated 15 Nov 03.




                       CHARLENE BRADLEY
                       Panel Chair






AFBCMR BC- BC-2003-03017
INDEX CODE:  111.02




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction for 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 AF
Form 910, Enlisted Performance Report, rendered for the period 6
March 2000 through 5 March 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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