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AF | BCMR | CY2005 | BC-2005-00635
Original file (BC-2005-00635.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-00635
                                        INDEX CODE:  111.02
  XXXXXXXXXXXXXXXXX                     COUNSEL:  NONE

  XXXXXXXXX                       HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  23 August 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her Enlisted Performance Report (EPR) rendered for  the  period  of  7  June
2000 through 6 February 2002 be voided and removed from her records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The rater on her referral EPR was not her supervisor,  performance  feedback
was not conducted, and the report was not referred properly.

In support of her request, the applicant submits a personal statement.   The
applicant’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 7 June 2000, the applicant enlisted in the Regular Air Force at  the  age
of 19 in the grade of airman basic (E-1) for a period of four years.   After
completing basic military training, she was trained as  a  surgical  service
apprentice.  The applicant  was  progressively  promoted  to  the  grade  of
airman (E-2) effective and with a date of rank of 2 January 2002.

On 6 April 2001, the applicant received a Letter of Admonishment  (LOA)  for
failing a dormitory room inspection.   On  2  January  2002,  her  commander
notified the applicant of his intent to impose  disciplinary  actions  under
Article 15, Uniformed Code of Military Justice  (UCMJ),  for  larceny.   The
applicant acknowledged receipt, waived her right to a court-martial,  waived
her right to an  appearance,  and  submitted  a  written  presentation.   On
7 January 2002, after considering her written  presentation,  her  commander
found the applicant did commit the alleged offense  and  imposed  punishment
of reduction to the grade of airman basic (E-1) with a new date of  rank  of
2 January 2002 and  forfeiture  of  $200  pay  per  month  for  two  months,
suspended until 1 July 2002,  after  which  time  it  was  remitted  without
further action.  On 11 January 2002, the Deputy Staff Judge  Advocate  found
the file to be legally sufficient.

On 13 February 2002, the applicant received notification of a  referral  EPR
for the  period  7  June  2000  through  6  February  2002.   The  applicant
acknowledged receipt; however, did not submit a rebuttal to the report.

On  6  June  2002,  her  commander  notified  the  applicant  that  he   was
recommending her for a general (under honorable  conditions)  discharge  for
minor disciplinary infractions under AFPD 36-32 and AFI  36-3208,  paragraph
5.49.  On 6 June 2002, the applicant acknowledged receipt of  the  discharge
notification, waived her right to consult counsel and to submit a  statement
in her own behalf.  On 19 June 2002, the  Staff  Judge  Advocate  found  the
case to be legally sufficient and recommended the  applicant  be  discharged
with a general (under honorable conditions) discharge without probation  and
rehabilitation.  On 2  July  2002,  the  discharge  authority  approved  the
recommended separation and directed that the applicant be discharged with  a
general  (under  honorable  conditions)  discharge.    The   applicant   was
discharged effective 19 July 2002.  She served 2 years, 1 month and 13  days
on active duty.

On 26 August 2004, based on the applicant’s submission and the  Air  Force’s
recommendation, the Board directed the applicant’s records be  corrected  to
reflect she was awarded the Air Force Specialty Code R1 9A000  effective  17
May 2001 and she was promoted to the  grade  of  airman  first  class  (E-3)
effective and with a date of rank of  7  October  2001.   In  addition,  the
applicant’s rank and grade at the time of the Article 15, UCMJ,  imposed  on
2 January 2002, were to be corrected to show she was airman first class  (E-
3), rather than airman (E-2), and her reduction  in  rank  and  grade  on  2
January 2002, as a result of  the  Article  15  nonjudicial  punishment  was
airman (E-2), rather than airman basic (E-1).  As a result, a  corrected  DD
Form 214 was issued to the applicant on 14 September  2004,  reflecting  the
directed corrections.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPP recommends denial of the  applicant’s  request  to  void  her  EPR
closing on 6 February 2002.  DPPP states the Air Force does not require  the
designated  rater  to  be  the  immediate  supervisor.   The  commander   is
responsible for ensuring the correct rater accomplishes  the  report  before
he/she signs it.  It is DPPP’s opinion that  the  applicant  has  failed  to
provide supporting documentation to support her claim  that  the  rater  who
signed her referral report was not her rater.  In addition, she  has  failed
to provide support that feedback was not  accomplished.   DPPP  states  that
according to the contested report, feedback was accomplished on  5  December
2001.  In reference to the applicant’s claim that  she  was  never  afforded
the opportunity to provide a rebuttal to the contested report, the  evidence
of record shows the EPR was referred to the applicant on  13  February  2002
with her signature acknowledgment dated the same day.  It is DPPP’s  opinion
the applicant failed to provide any  form  of  supporting  documentation  to
prove the contested EPR  is  inaccurate.   The  AFPC/DPPP  evaluation,  with
attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant  on  15
April 2005, 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 probable error or injustice warranting favorable  consideration
of the applicant’s request that the contested report  be  removed  from  her
records.  The applicant asserts that  the  rater  was  not  her  supervisor,
performance feedback was not conducted, and  the  report  was  not  referred
properly; however, we find  no  persuasive  documentation  was  provided  to
support these contentions.  We note the comments provided by the  Air  Force
office of primary responsibility that the  Air  Force  does  not  require  a
member’s designated rater to be  the  immediate  supervisor.   Additionally,
although Air Force policy does require performance feedback  for  personnel,
a direct correlation between information provided during  feedback  and  the
assessment on evaluation reports need not necessarily exist.   Finally,  the
applicant failed to provide evidence  that  the  contested  report  was  not
referred properly.  We  note  the  contested  report  was  referred  to  the
applicant on 13 February 2002 and the applicant signed an acknowledgment  of
the referral report on the same day.  We concur with the  Air  Force  office
of primary responsibility that the applicant was  afforded  her  opportunity
to provide rebuttal comments.  In view of the above and in  the  absence  of
evidence showing the contested report is  an  inaccurate  depiction  of  her
performance during the referent  period,  we  agree  with  the  opinion  and
recommendation  of  the  Air  Force  office   of   primary   responsibility.
Accordingly, her request to set aside her EPR 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 this application in  Executive
Session on 12 July 2005, under the provisions of AFI 36-2603:

            Mr. Thomas S. Markiewicz, Chair
            Mr. Frederick R. Beaman III, Member
            Ms. Dorothy P. Loeb, Member


The following documentary evidence for AFBCMR  Docket  Number  BC-2005-00635
was considered:

      Exhibit A.  DD Form 149, dated 2 Mar 04, w/atch.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPP, dated 6 Apr 05.
      Exhibit D.  Letter, SAF/MRBR, dated 15 Apr 05.




                                  THOMAS S. MARKIEWICZ
                                                   Chair

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