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AF | BCMR | CY2005 | BC-2005-02105
Original file (BC-2005-02105.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02105
            INDEX CODE:  111.02

            COUNSEL:  NONE

            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  4 JANUARY 2007


_________________________________________________________________

APPLICANT REQUESTS THAT:

His  Enlisted  Performance  Report  (EPR),  rendered  for  the  period
11 August 2003 through 10 August 2004, be declared  void  and  removed
from his records.
_________________________________________________________________

APPLICANT CONTENDS THAT:

His ratings were based on a false rape charge,  which  was  eventually
dismissed.  The contested report is unjust because it has  now  become
the vehicle by which he is being punished  for  a  crime  he  did  not
commit and has been cleared.  He is unable to get PCS orders with  the
referral EPR as his most recent evaluation and it  has  cost  him  the
ability to be promoted.  The contested report is a lasting reminder of
how a false allegation can ruin a career and a life.

In support of his request, the applicant submits a personal statement,
copies of the contested EPR, with rebuttal, a letter from the numbered
bomb wing commander dismissing the preferred charge and specification,
the charge sheet, nomination for award, performance feedback worksheet
(PFW) and a copy of his EPR closing 10 August 2003.   The  applicant’s
complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Military Personnel Data System (MilPDS)
reveals the applicant’s Total Active  Federal  Military  Service  Date
(TAFMSD) as 11 December 2001.  He is currently serving on active  duty
in the grade of senior airman (E-4), with an effective date  and  date
of rank of 10 August 2005.

Applicant's Enlisted Performance Report (EPR) profile follows:

            Period Ending    Evaluation

              10 Aug 03      5 – Immediate Promotion
             *10 Aug 04      2 – Not Recommended This Time
              10 Aug 05      4 - Ready


* Contested report

Information extracted from applicant’s submission indicates  that,  on
11 April 2005, he was informed of a rape charge, on or about  28 March
2004.  Summary Court-Martial charges were preferred and an Article  32
Hearing was convened on 13  April  2005.   Following  the  Article  32
Hearing, the investigating officer recommended withdrawal of the  sole
charge and it was dismissed on 4 May 2005.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPP recommends the application be denied.   DPPP  states  the
contested report does not allude to the  applicant  being  accused  of
rape; however, it does contain comments concerning other  infractions,
which he admits in his rebuttal  to  the  referral  EPR.   As  to  the
applicant’s last feedback, there may be times when, after  a  positive
feedback session, an evaluator discovers  serious  problems,  he  must
record the problems in the evaluation report even when it may disagree
with the previous positive feedback given.  While it would have been a
“courtesy” for the  rater  to  discuss  any  suggested  ways  for  the
applicant to possibly improve,  the  governing  instruction  does  not
mandate that he was required to do so.  The HQ AFPC/PPP evaluation  is
at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  19
August 2005 for review and response.  As of this date, no response has
been received by this office (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.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice.  After a thorough review  of  the
evidence of record and applicant’s submission, we are unpersuaded that
the contested EPR should be removed from his record.   We  have  noted
the documents provided with the applicant’s submission.  However, they
do not, in our opinion, support a finding  that  the  evaluators  were
unable to render unbiased evaluations of the  applicant’s  performance
or that the ratings on the contested  report  were  based  on  factors
other than applicant’s duty performance during  the  contested  rating
period.  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.  Additionally, we  found  no  evidence
that the contested report was prepared contrary to the  governing  Air
Force Instruction.  In view of the foregoing and  in  the  absence  of
sufficient evidence to the contrary, we find  no  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  this  application  in
Executive Session on 17 November 2005, under the provisions of AFI 36-
2603:

                  Mr. James W. Russell III, Panel Chair
                  Ms. LeLoy W. Cottrell, Member
                  Ms. Kathleen B. O’Sullivan, Member

The following documentary evidence was considered in  connection  with
AFBCMR Docket Number BC-2005-02105.

   Exhibit A.  DD Form 149, dated 23 Jun 05, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPP, dated 12 Aug 05.
   Exhibit D.  Letter, SAF/MRBR, dated 19 Aug 05.




                                   JAMES W. RUSSELL III
                                   Panel Chair

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