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AF | BCMR | CY2004 | BC-2004-01301
Original file (BC-2004-01301.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-1301
            INDEX CODE:
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Enlisted Performance Report (EPR) closing 9 Apr 03, be removed from  his
records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The EPR was written as retribution from his rater.  His rater believed  that
the applicant needed to rate his subordinate higher on  his  EPR.   The  EPR
contains comments of duties he never performed and off-duty  accomplishments
he was never involved in.  In addition, the dates indicated on  the  EPR  as
the dates of initial or mid-term feedback were falsified,  as  feedback  was
never performed.

In support of his request, applicant provided documentation associated  with
his  Evaluation  Reports  Appeal  Board   (ERAB)   appeal.    His   complete
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  10
Aug 95.  He has been progressively promoted to the grade of staff  sergeant,
having assumed that grade effective and with a date of rank of 1 Jul 00.

On 22 Jul 03, the ERAB denied the applicant's request  for  removal  of  the
contested EPR.

The following is a resume of the applicant's recent EPR profile:

      PERIOD ENDING    PROMOTION RECOMMENDATION

            09 Apr 04        5
            09 Apr 03        4 - Contested Report
            09 Apr 02        5
            09 Apr 01        5
            09 Apr 00        5

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPE recommends denial.  DPPPE states the applicant should provide  an
official investigation report substantiating the rater was biased and  wrote
the  EPR  with  retribution.   He  provided  email   traffic   showing   the
disagreement concerning the rating of a  subordinate’s  EPR  was  discussed.
The rater voiced his concerns with the applicant and the decision  was  made
for the applicant to rate the subordinate as he felt necessary.  The  emails
did not show any form of coercion.  In fact, the last email traffic  states,
"Now write whatever you decide and send it through proper channels..."   The
disagreement followed the proper procedures established in AFI 36-2406.   He
did not provide proof that feedback was not accomplished.  While  documented
feedback sessions are required, they  do  not  replace  informal  day-to-day
feedback.  A rater’s  failure  to  conduct  a  required  feedback  will  not
invalidate any subsequent performance report.  An email did take place  from
the  rater  to  the  applicant,  stating  a  conversation  did  take   place
concerning what the applicant needed to do.

An evaluation report is accurate as written when  it  becomes  a  matter  of
record.  He did not  provide  any  evidence  the  report  is  inaccurate  or
written with bias.  The fact that there may have been disagreements  on  the
rating of a subordinate’s report does not  mean  the  rater  was  unable  to
provide his own fair and accurate assessment.  The DPPPE  evaluation  is  at
Exhibit C.

AFPC/DPPPWB states should the EPR be removed,  the  applicant  will  receive
supplemental promotion consideration for promotion cycle 04E6.   The  DPPPWB
evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to  the  applicant  on  4
Jun 04 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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence  of  error  or  injustice.   After  reviewing  all  the   evidence
provided, we are not persuaded that the contested report  is  an  inaccurate
depiction of the applicant's performance and demonstrated potential for  the
period in question.  In the rating process, each evaluator  is  required  to
assess a ratee's performance, honestly and to the  best  of  their  ability.
In judging the  merits  of  this  case  we  took  note  of  the  applicant's
contentions; however, based  on  the  documentation  provided,  we  are  not
persuaded that the contested report was written as retribution.  We find  no
evidence of coercion on the part of his supervisor nor do we  find  evidence
of any improprieties in the preparation of the  EPR.   Therefore,  we  agree
with the opinion and  recommendation  of  the  Air  Force  and  adopt  their
rationale as the basis for our conclusion that he has not  been  the  victim
of an error or injustice.  In the absence of evidence to  the  contrary,  we
find no compelling basis to recommend granting the  relief  sought  in  this
application.


_________________________________________________________________

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-2004-
01301 in Executive Session on 27 Jul 04, under the  provisions  of  AFI  36-
2603:

      Ms. Cathlynn B. Sparks, Panel Chair
      Ms. Renee M. Collier, Member
      Mrs. Barbara R. Murray, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Apr 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPE, dated 4 May 04.
    Exhibit D.  Letter, AFPC/DPPPWB, dated 10 May 04.
    Exhibit E.  Letter, SAF/MRBR, dated 4 Jun 04.




                                   CATHLYNN B. SPARKS
                                   Panel Chair

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