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AF | BCMR | CY2005 | BC-2005-02340
Original file (BC-2005-02340.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02340
            INDEX NUMBER:  111.00
      XXXXXXX    COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  No


MANDATORY CASE COMPLETION DATE:  25 Jan 06


_________________________________________________________________

APPLICANT REQUESTS THAT:

The Enlisted Performance Report (EPR) rendered on him for the period 8
Aug 02 through 7 Aug 03 be amended  in  Section  III,  “Evaluation  of
Performance,” Item 6, “How Well  Does  Ratee  Comply  with  Individual
Training Requirements?,” to reflect  marking  in  the  highest  block,
“Consistently exceeds all training requirements.”

_________________________________________________________________

APPLICANT CONTENDS THAT:

Applicant provides a sequence of events that indicates  his  diagnosis
with acute hearing loss, subsequent placement on a profile  indicating
he was not world-wide qualified, and that  his  superintendent  became
angry about his non-deployable status, revoked his status as NCOIC  of
Combat Arms Training and Maintenance and insisted that his rater  mark
down his EPR.

In support of his appeal, applicant provides paperwork concerning  his
hearing  loss,  a  copy  of  his  diploma  from  the  NCO  Academy,  a
certificate of training, a copy of  his  physical  profile,  paperwork
related to the withdrawal of his Air Force Specialty Code (AFSC),  and
the contested EPR.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is presently serving on active  duty  in  the  grade  of
master sergeant (MSgt).  His Total  Active  Federal  Military  Service
Date (TAFMSD) is 31 Aug 90.  A resume of the applicant’s last nine Apr
97 EPRs follows:

      Closeout Date                     Overall Rating

        15 Apr 97                            4
        15 Apr 98                            5
        15 Apr 99                            4
        15 Apr 00                            5
        15 Apr 01                            5
       *31 Oct 01                            5
       *07 Aug 02                            5
      **07 Aug 03                            5
       *07 Aug 04                            5
        22 Jul 05                            5

*  EPRs that are not marked down in any block in Section III.
** Contested EPR

Based on paperwork submitted by the applicant,  he  was  placed  on  a
Physical Profile for acute hearing loss on 26 Jun  03  and  determined
not be world-wide qualified.   Based  on  his  physical  profile,  the
applicant requested retraining on 1 Jul 03.   On     11  Aug  03,  the
applicant’s AFSC, 3P051B, Combat Arms, was withdrawn effective 26  Jun
03.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPP recommends denial of the applicant’s request.  The applicant
failed to provide any supporting documents from his evaluator  stating
they concur with his request to  upgrade  the  report.   Although  the
applicant believes he exceeded all the training requirements, the only
person able to evaluate him is the rater.  The applicant  also  states
the reason for the markdown was a personality conflict.  The applicant
has not provided any statements from his  rating  chain  nor  official
documentation (report of investigation from the IG or MEO) to prove  a
personality conflict existed.

The complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant’s rater on the contested report  responded  to  the  Air
Force evaluation.  He indicates his  agreement  with  the  applicant’s
request to change the rating on his EPR.  He states that the  conflict
was between  the  applicant  and  the  Security  Forces  Training  and
Resources Superintendent (Superintendent).  As the rater, he states he
disagreed with the Superintendent’s efforts to get the applicant’s EPR
downgraded  in  Block  6.   The  rater  explains  the  nature  of  the
personality conflict between the  applicant  and  the  Superintendent.
The Superintendent wanted the applicant to deploy, but  the  applicant
could not due to a hearing loss.

The rater states he highly recommends  that  the  applicant’s  EPR  be
changed on the basis of the personality conflict between the applicant
and the Superintendent.

The complete response is at Exhibit E

_________________________________________________________________

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 error or injustice.  We are  persuaded  by  the  statement
submitted by the applicant’s immediate rater that the  applicant’s  EPR
was marked down in the “training” performance factor  due  to  external
pressure from the management chain.  Although the rater did not provide
any details as to why he did not mark the contested EPR with the rating
he believed the applicant deserved and leave it up  to  the  additional
rater to disagree if he so desired, given the admission of  the  rater,
we believe it would constitute an injustice to the applicant  to  leave
the EPR unchanged.  Therefore, we recommend the applicant’s records  be
corrected as indicated below.
_______________________________________________________________

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, AF Form 910, rendered on him for the period  8  Aug
02 through 7  Aug  03,  be  amended  in  Section  III,  “Evaluation  of
Performance,” Item 6, “How  Well  Does  Ratee  Comply  With  Individual
Training Requirements?,” to reflect marking  in  the  block  indicating
“Consistently exceeds all training requirements.”

_______________________________________________________________

The following members of the Board considered  Docket  Number  BC-2005-
02340 in Executive Session on 19 October 2005, under the provisions  of
AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. Wallace F. Beard, Jr., Member
      Ms. Barbara R. Murray, Member

All  members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 18 Jul 05, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPP, dated 16 Sep 05.
     Exhibit D.  Letter, SAF/MRBR, dated 23 Sep 05.
     Exhibit E.  Letter, Applicant’s Rater, dated 28 Sep 05.




                                   RICHARD A. PETERSON
                                   Panel Chair


AFBCMR BC-2005-02340


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 XXXXXXX, XXXXXXX, be corrected to show that the
Enlisted Performance Report, AF Form 910, rendered on him for the
period 8 Aug 02 through 7 Aug 03, be amended in Section III,
“Evaluation of Performance,” Item 6, “How Well Does Ratee Comply
With Individual Training Requirements?,” to reflect marking in the
block indicating “Consistently exceeds all training requirements.”






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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