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AF | BCMR | CY2005 | BC-2004-02925
Original file (BC-2004-02925.DOC) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02925
            INDEX CODE:  111.02

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  21 Mar 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Enlisted Performance Report (EPR) rendered for the  period  30 May
02 through 29 May 03 be declared void and removed from his records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The contested report contained inaccurate comments.

In  support  of  his  appeal,  the  applicant  provided  an   expanded
statement, a copy of the contested report, and a  statement  from  his
Area Defense Counsel (ADC).

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s available military personnel records indicate he  enlisted
in the Regular Air Force on 6 Dec 82.

Applicant's EPR profile since 1994 follows:

     PERIOD ENDING                            EVALUATION

      27 Feb 94  5
      27 Feb 95  5
      27 Feb 96  5
      27 Feb 97  5
      24 Mar 98  5
       7 Dec 98  5
       7 Dec 99  5
       7 Dec 00  5
      29 May 01  5
      29 May 02  5
  *   29 May 03  2 (Referral)

* Contested report.

An Air Force  Office  of  Special  Investigations  (AFOSI)  Report  of
Investigation, dated 31 Jan 03, indicates that the applicant  was  the
subject of an investigation for larceny of military property,  with  a
total estimated loss of $17,517.00.  The period of the report was from
25 Nov 02 to 31 Jan 03.

On 21 Aug 03, the applicant was convicted by general court-martial  of
stealing Amazon.com Salute Our Troops gift certificates, of a value of
more than $500.00, between 19 Jul 02 and 20 Nov 02.  He was  sentenced
to confinement for a period of  30 days,  two  months  of  hard  labor
without confinement, forfeiture of $1,000.00 per month for six months,
and reduction in grade from senior master  sergeant  to  airman  first
class.  The convening authority approved the sentence as adjudged.

Applicant was relieved from active duty on  31  Jul  04  and  retired,
effective 1 Aug 04, in the  grade  of  airman  first  class.   He  was
credited with 21 years, 7 months, and 4 days of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPE recommended denial noting  the  Evaluation  Reports  Appeal
Board (ERAB) denied the applicant’s request based on the fact a  rater
can use reliable information.  According to AFPC/DPPPE, the EPR  never
mentioned the applicant had actually “appropriated funds  wrongfully”;
however, it did state  the  investigation  indicated  the  funds  were
wrongfully appropriated.  There was an indication that  there  was  an
ongoing investigation concerning the wrongful appropriation of  funds,
not that it had actually happened.

A complete copy of the AFPC/DPPPE evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the advisory opinion and furnished a  response  and
additional documentary evidence, to include an OSI report.  He  stated
the OSI  report  did  not  indicate  he  wrongfully  appropriated  any
certificates.   He  was  eventually   found   guilty   of   wrongfully
appropriating the certificates.  However, he could  have  easily  been
found not guilty and his EPR would have a wrongful factual statement.

Applicant’s complete response, with attachments, is at Exhibit E.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

AFPC/DPPPWB indicated the first time the contested report  would  have
normally been used in the promotion process was cycle  03E9  to  chief
master  sergeant  (CMSgt).   However,  the  fact  that  the  applicant
received a referral  report  rendered  him  ineligible  for  promotion
consideration in accordance with the  governing  instruction.   Should
the Board remove the report as requested, the applicant  would  remain
ineligible for promotion consideration due to an insufficient grade.

A complete copy of the AFPC/DPPPWB is at Exhibit F.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  25
Mar 05 for review and response.  As of this date, no response has been
received by this office (Exhibit G).

_________________________________________________________________

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.   The  applicant's  complete
submission was thoroughly  reviewed  and  his  contentions  were  duly
noted.  However, we  are  not  persuaded  that  corrective  action  is
warranted.  We are aware that evaluators  are  required  to  assess  a
ratee’s performance, honestly and to the best of their ability,  based
on their observance of an individual’s performance.  No  evidence  has
been  presented  which  would  lead  us  to  believe  the  applicant’s
evaluators were unable to render an accurate, unbiased  evaluation  of
his performance, or that the contested report  was  based  on  factors
other than the  applicant’s  duty  performance  during  the  contested
rating period.  Furthermore, we find no evidence which  shows  to  our
satisfaction  the  contested  report  was  prepared  contrary  to  the
governing instruction.  In view of the foregoing, and in  the  absence
of sufficient evidence to the contrary, we find no compelling basis to
recommend favorable action on the applicant’s  request  that  his  EPR
closing 29 May 03 be voided and removed from his records.

_________________________________________________________________

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-
2004-02925 in Executive Session on 8 Jun 05, under the  provisions  of
AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Ms. Dorothy P. Loeb, Member
      Mr. Clarence D. Long III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Sep 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPP, dated 6 Dec 04.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Dec 04.
    Exhibit E.  Letter, applicant, dated 3 Jan 05, w/atchs.
    Exhibit F.  Letter, AFPC/DPPPWB, dated 10 Mar 05.
    Exhibit G.  Letter, SAF/MRBR, dated 25 Mar 05.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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