RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01081
            INDEX CODE:  111.05
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  1 AUGUST 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her Enlisted Performance Report (EPR) rendered for the  period  15 May  2001
through 6 March 2002 be voided from her record.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Not all information was presented to the Commander when  he  concurred  with
the EPR in question.  The Commander, Superintendent,  Rater’s  Rater,  First
Sergeant and  acting  First  Sergeant  from  that  rating  period  have  all
submitted letters to support removal of the contested EPR from her records.

In support of the application, the applicant submits a copy  of  her  appeal
to the Evaluation Reports Appeal  Board  (ERAB),  including  copies  of  the
contested report, her  Performance  Feedback  Worksheet  and  statements  of
support from the additional rater and reviewing commander of  the  contested
report, her first sergeant during the contested rating period,  her  current
commander,  and  an  Air  Force  psychiatrist.   The  applicant's   complete
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The Military Personnel Database (MilPDS) indicates applicant’s Total  Active
Federal Military Service Date as 4 March 1994.  She has  been  progressively
promoted to the grade of SSgt (E-5), effective and with a date of rank of  1
September 2001.  The following is a resume of her EPR profile:

PERIOD ENDING    PROMOTION RECOMMENDATION

      17 Nov 95        4
      17 Nov 96        5
      17 Nov 97        5
      15 Apr 98        5
       1 Jun 99        5
      14 May 00        4
      14 May 01        4
*      6 Mar 02        2
       6 Mar 03        4
       2 Mar 04        5
      24 Nov 04        5

*Contested Report.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPEP recommends denial of the applicant’s request.  DPPPEP  states
the applicant filed  two  appeals  under  the  provisions  of  AFI  36-2401,
Correcting Officer and  Enlisted  Reports.   DPPPEP  notes  the  letters  of
support provided from individuals in the applicant’s rating  chain  stating,
“At no time during the rating period in question was I aware of any  medical
issues (APPLICANT) was experiencing” and also  “Had  I  been  aware  of  the
medical  conditions  and  other  pertinent  information  relating   to   the
reporting period in question, I would  not  have  concurred  with  a  2  EPR
rating.” However, DPPPEP points out these  were  the  same  individuals  who
were responsible  for  reviewing  the  applicant’s  rebuttal  letter  (which
clearly provided information relating to her medical issues) prior  to  them
making their  final  assessment,  thus  making  their  statements  of  being
unaware of her  medical  issues  inaccurate.   DPPPEP  states  a  report  is
considered  accurate  when  originally  rendered;   therefore,   substantial
evidence is required  to  challenge  a  report’s  accuracy.   DPPPEP  opines
supporting documentation provided is not substantial to indicate  otherwise.
DPPP’s evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force  evaluation  was  forwarded  to  the  applicant  for
review and comment on 6  May  2005.   As  of  this  date,  this  office  has
received no response (Exhibit D).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an  error  or  injustice.   After  a  thorough  review  of  the
evidence of record, it appears during the time  in  question  the  applicant
may have been experiencing complications and side effects from a  prescribed
medication for depression.  Additionally, we note  the  fact  that  she  was
returned to work in the duty section where the noncommissioned  officer  she
filed sexual harassment and assault charges against was still working,  and,
we believe this may have caused the applicant additional  stress.   We  note
the statements  from  the  additional  rater  and  reviewing  commander  who
indicate that, after consulting the  applicant’s  attending  physician,  had
they been aware of the nature and seriousness  of  the  applicant’s  medical
condition, they would not have concurred with the rating  on  the  contested
report.  In view of the above, and in an effort to  offset  any  possibility
of an injustice to the  applicant,  any  doubt  in  this  matter  should  be
resolved in her favor.  Therefore, the  contested  EPR  should  be  declared
void and removed from her records.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that the Enlisted Performance  Report  (AB
thru TSgt), AF Form 910, rendered for  the  period  15 May  2001  through  6
March 2002 be, and hereby is, declared void and removed from her records.
_________________________________________________________________

The following members of the Board considered  in  Executive  Session  on  9
November 2005 under the provisions of AFI 36-2603:

      Mr. Christopher D. Carey, Panel Chairman
      Ms. Barbara R. Murray, Member
      Mr. James A. Wolffe, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered in connection with AFBCMR Docket  Number
BC-2005-01081:

      Exhibit A.  DD Form 149, dated 28 Feb 05 w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPPPEP, dated 28 Apr 05.
      Exhibit D.  Letter, SAF/MRBR, dated 6 May 05.




                                   CHRISTOPHER D. CAREY
                                   Panel Chair


AFBCMR BC-2005-01081





MEMORANDUM FOR THE CHIEF OF STAFF


      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that the Enlisted Performance
Report (AB thru TSgt), AF Form 910, rendered for the period 15 May 2001
through 6 March 2002 be, and hereby is, declared void and removed from her
records.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency