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AF | BCMR | CY2004 | BC-2003-03461
Original file (BC-2003-03461.DOC) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03461
            INDEX CODE:  111.02

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Enlisted Performance Report (EPR),  rendered  for  the  period  20 April
2000 through 3 December 2000, be either upgraded to a “5” or  declared  void
and removed from his records.
_________________________________________________________________

APPLICANT CONTENDS THAT:

The rater was  not  available  to  observe  his  performance.   The  rater’s
comments were actually written by the additional rater.

In support of his request,  the  applicant  submits  a  personal  statement,
copies of his EPRs and  training  certificates.   The  applicant’s  complete
submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from  the  Military  Personnel  Data  System  (MilPDS)
reveals the applicant’s Total Active Federal Military Service Date  (TAFMSD)
as 16 February 1995.  He is currently serving on active duty  in  the  grade
of staff sergeant (E-5), with an effective  date  and  date  of  rank  of  1
October 2002.

Applicant's Enlisted Performance Report  (EPR)  profile  for  the  last  six
reporting periods follows:

            Period Ending    Evaluation

      (SrA)   20 Apr 99      5 - Immediate Promotion
              20 Apr 00      4 - Ready
            *  3 Dec 00      3 - Consider
               3 Dec 01      5
      (SSgt)        3 Dec 02 5
              10 Jul 03      5

* Contested report
_________________________________________________________________

AIR FORCE EVALUATIONS:

HQ AFPC/DPPPE  recommends  the  application  be  denied.  DPPPE  states  the
applicant’s contention that the contested report  was  not  written  by  his
designated rater has not been substantiated.   DPPPE  noted  that  the  same
rater rendered the Apr 00 EPR and the  applicant  has  not  challenged  this
report nor is there any proof a change of  reporting  official  took  place.
The HQ AFPC/DPPPE evaluation is at Exhibit C.

HQ AFPC/DPPPWB defers to  the  recommendation  of  HQ  AFPC/DPPPEP.   DPPPWB
states that based on the applicant’s date of rank to staff  sergeant  (E-5),
the first time the contested report was considered in the promotion  process
is Cycle 05E6 to technical sergeant (E-6).  Should  the  Board  upgrade  the
overall  rating  or  void  the  report  in  its  entirety,  no  supplemental
consideration would be necessary as there is sufficient time to  update  the
promotion file prior to release and  announcement  of  selects  sometime  in
June 2005.  The HQ AFPC/DPPPWB evaluation is at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Copies of the Air Force evaluations were forwarded to applicant on 12  March
2004 for review and response.   As  of  this  date,  no  response  has  been
received by this office (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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error  or  injustice.   We  are  unconvinced  by  the  evidence
presented that the contested report was technically  flawed  when  prepared,
or that the ratings were based on inaccurate information.   Other  than  his
own assertions, there is no indication in the record  before  us  that  that
the rater did not  have  reasonable  information  available  concerning  the
applicant’s performance during the contested rating period on which to  base
a reasonably accurate assessment.  Direct supervision for an  allotted  time
is not a prerequisite for being the rater of a report.   Evaluators  may  be
in positions where they have infrequent contact with  the  ratee.   However,
they are still required to be aware  of  the  ratee’s  performance  and  its
impact on the unit’s mission.  Additionally, we note that the rater  on  the
contested report was in  the  applicant’s  rating  chain  on  the  preceding
report which, in  our  view,  supports  the  position  that  the  rater  was
familiar with the applicant and was aware of his performance.  We  note  the
applicant has not submitted any statements from his rating chain to  provide
evidence  showing  the  report  was  not  an  accurate  assessment  of   his
performance at the time it was rendered.  In the absence of  such  evidence,
we have no reason to question the accuracy  of  the  contested  report.   In
view of the foregoing, we did not find sufficient evidence  to  substantiate
an error or injustice in the initial preparation of  the  contested  report.
Therefore, we conclude that no basis exists to  recommend  favorable  action
on the applicant’s request.
_________________________________________________________________

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 this application in  Executive
Session on 22 April 2004, under the provisions of AFI 36-2603:

                  Mr. Robert S. Boyd, Panel Chair
                  Mr. John B. Hennessey, Member
                  Mr. Jay H. Jordan, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2003-03461.

   Exhibit A.  DD Form 149, dated 27 Oct 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPE, dated 1 Mar 04.
   Exhibit D.  Letter, HQ AFPC/DPPPWB, dated 2 Mar 04.
   Exhibit E.  Letter, SAF/MRBR, dated 12 Mar 04.




                                   ROBERT S. BOYD
                                   Panel Chair

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