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AF | BCMR | CY2004 | BC-2003-04004
Original file (BC-2003-04004.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-04004
                       INDEX CODE:  111.02

                       COUNSEL:  None

                       HEARING DESIRED:  Yes

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Enlisted Performance Reports (EPRs) rendered for  the  periods  10
June 1999 - 9 June 2000 and 10 June 2000 - 9 June 2001 be removed from
his records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His rater and additional rater were charged and  convicted  of  racial
discrimination.  He believes he was  unfairly  treated.   He  contends
that other individuals in the unit received higher ratings, when their
performance was not deserving of a higher rating.  He implies  he  was
discriminated against based on the rater and  additional  rater  being
convicted of racial discrimination.  He is a stellar performer and the
unfair, unjust treatment he received has caused his career to suffer.

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

_________________________________________________________________

STATEMENT OF FACTS:

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

On 17 September 2002, the  applicant  filed  a  racial  discrimination
complaint with Military  Equal  Opportunity  (MEO)  office.   The  MEO
officer reviewed the complaint and determined the application did  not
fall in the purview of MEO.

The applicant filed a  complaint  with  the  Inspector  General  (IG),
however they dismissed the case because it was submitted more than  60
days after the alleged wrong.

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) denied the applicant’s  request
and recommended he reapply with more information.

EPR profile as a technical sergeant reflects the following:

                 PERIOD ENDING               OVERALL EVALUATION

                   9 Jun 99                        5
                  *9 Jun 00                        4
                  *9 Jun 01                        3
                   9 Jun 02                        5
                   9 Jun 03                        5

* Contested reports.

_________________________________________________________________

AIR STAFF EVALUATION:

AFPC/DPPPE  states  the  applicant  has  not  provided  any   evidence
indicating his  rater  or  additional  rater  were  guilty  of  racial
discrimination or that he was discriminated against due to  his  race.
Even  if  evidence  had  been  submitted  indicating  the  rater   and
additional rater were guilty of racial discrimination that alone would
not automatically support the assessment on the contested reports were
inaccurate.  If the applicant  believed  he  was  being  discriminated
against, he should have filed an official investigation or  complaint.
No evidence was submitted indicating the applicant’s  evaluators  were
biased and that their  objectivity  was  so  affected  that  fair  and
accurate report was not possible.  Furthermore, the applicant has  not
provided any documentation of support  from  his  rating  chain.   The
applicant provided two unsigned letters from coworkers which  provided
their view of some events  in  the  unit  and  does  not  support  the
allegation of discrimination.  The  applicant  has  not  provided  any
proof he was being discriminated against  or  his  reports  should  be
voided due to unjust treatment or  personality  conflict.   Therefore,
based on the evidence submitted they recommend denying the applicant’s
request.

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

AFPC/DPPPWB states the first cycle the 9 June 2000, EPR was considered
in the promotion process was the 01E7 cycle to master sergeant.   They
further state if the Board voids this  report  and  the  applicant  is
otherwise eligible, he would be entitled to supplemental consideration
for the 01E7 cycle.  However, he would not become a  select  for  this
cycle because his  total  score  would  increase  to  315.19  and  the
required score in his AFSC selection was 339.66.

The 9 June 2001, EPR was first considered in the promotion process  to
master sergeant with the 02E7 cycle.  If the Board voids both  of  the
contested reports, the applicant would be a select for the 02E7  cycle
pending favorable data verification  and  a  recommendation  from  his
commander.  However, if the Board voids only one of these two reports,
he would not be a select for the 02E7 cycle because  his  score  would
increase to 317.16 and the required score for selection  in  his  AFSC
was 322.66.

The applicant was considered and  nonselected  for  promotion  to  the
grade of master sergeant for the 03E7 cycle.  His score was 324.16 and
the required score for selection was 331.18.  If the Board voids  only
one of the  two  contested  reports,  the  applicant  would  remain  a
nonselect for the 03E7 cycle.

AFPC/DPPPWB defers to the recommendation of AFPC/DPPPE.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR STAFF EVALUATION:

The applicant reviewed the Air Force evaluation and states his package
contained  information  showing  that  favoritism  and   racism   were
prevalent in his squadron.   His  package  also  showed  his  squadron
awarded individuals a  “5”  rating  on  their  EPRs  when  their  work
performance did not support a five rating.

Applicant’s complete response with attachments is attached, 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.    Insufficient relevant evidence has been presented to demonstrate
the existence of an error or injustice.  After a  thorough  review  of
the evidence of record  and  the  applicant’s  submission,  the  Board
majority is not persuaded relief should be granted.   The  applicant’s
contentions are duly noted; however, the Board majority does not  find
these assertions, in and by  themselves,  sufficiently  persuasive  to
override the rationale provided by the Air Force  offices  of  primary
responsibility.  While the majority notes the applicant indicates  two
of his rating chain members was allegedly  charged  and  convicted  of
racial discrimination, he has not provided persuasive evidence showing
these raters were  racially  biased  and  discriminated  against  him.
Further, the applicant has not submitted supporting documentation from
any rating chain members indicating the  contested  reports  were  not
accurate assessments as rendered  or  that  either  rating  chain  was
unable to render an honest, objective assessment  of  his  performance
during the contested time periods.  The Air Force has a  no  tolerance
policy on discrimination and racial harassment and any service  member
who feels they are a victim of unfair  treatment  has  the  option  of
filing a  complaint  through  the  Military  Equal  Opportunity  (MEO)
Office.  The Board majority  notes  the  applicant  did  utilize  this
option,  but  it  was  determined  his  concerns  did  not  meet   the
requirements within the purview of MEO.  Lastly,  the  majority  notes
the applicant did not pursue his concerns through the  Office  of  the
Inspector General (IG) in  a  timely  manner.   Therefore,  the  Board
majority agrees with the opinions and recommendations of the Air Force
and adopts their rationale as  the  basis  for  their  conclusion  the
applicant has not been the victim of either an error or an  injustice.
In view of the foregoing, the Board majority finds no compelling basis
upon which to recommend granting the requested relief

4.    The applicant's case is adequately documented  and  it  has  not
been shown that a personal appearance with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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 AFBCMR Docket Number BC-
2003-04004 in Executive Session on 23 March 2004, under the provisions
of AFI 36-2603.

            Mr. Richard A. Peterson, Panel Chair
            Ms. Jean A. Reynolds, Member
            Ms. Cheryl V. Jacobson, Member

By majority vote, the Board recommended denying the  application.  Mr.
Peterson voted to grant correcting the records but he does not  desire
to submit a Minority Report.  The following documentary  evidence  was
considered:

      Exhibit A. DD Form 149, dated 24 Nov 03, w/atchs.
      Exhibit B. Applicant's Enlisted Performance Reports.
      Exhibit C. Letter, AFPC/DPPPE, dated 15 Jan 04.
      Exhibit D. Letter, AFPC/DPPPWB, dated 22 Jan 04.
      Exhibit E. Letter, SAF/MRBR, dated 6 Feb 04.
      Exhibit F. Applicant’s Response, dated 25 Feb 04, w/atchs.





                       RICHARD A. PETERSON
                       Panel Chair

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