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AF | BCMR | CY2005 | BC-2005-02401
Original file (BC-2005-02401.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02401
            INDEX CODE:  111.05

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  2 FEB 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

His enlisted performance  report  (EPR)  closing  19  Dec  2003  be
removed from his records.

___________________________________________________________________

APPLICANT CONTENDS THAT:

The ratings on the front of the form do not match the  comments  on
the back, as well as the Performance Feedback  that  was  conducted
during the reporting period.

He was told in writing that his ratings had the potential to  be  a
firewall “5”, but he had one issue with  the  supervisor  that  was
resolved and they moved on.  He was told by his first sergeant that
the isolated incident was the primary force behind his ratings.

In support of his appeal, applicant submitted a personal statement;
copies of his AF Forms 931, Performance Feedback Worksheet (AB thru
TSGT), dated 14 May 03  and  28  Oct  03;  contested  EPR,  closing
19 Dec 03, and letters of reference from co-workers and associates.

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

___________________________________________________________________

STATEMENT OF FACTS:

Applicant is currently serving on  active  duty  in  the  grade  of
technical sergeant with an effective  date  and  date  of  rank  of
1 Jul 04.

Applicant filed an appeal under  the  provisions  of  AFI  36-2401,
Correcting Officer and Enlisted Evaluation Reports, 20 Feb 04.   On
8 Jul 04, the Evaluation Report Appeals  Board  (ERAB)  denied  his
request.

A resume of applicant’s enlisted performance reports (EPR)  profile
follows:

            PERIOD CLOSING              OVERALL EVALUATION


           31 Mar 99                                    5
           31 Mar 00                                    5
           31 Mar 01                                    5
           31 Mar 02                                    5
           31 Mar 03                                    5
            *    19 Dec 03                                    4
                 15 Aug 04                                    5

* Contested EPR closing 19 Dec 03.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPP reviewed  this  application  and  recommended  denial.
They agree with the ERAB’s  decision.   The  applicant  contends  a
personality conflict existed between him and his rater.  He has not
provided any statements from his  rating  chain  nor  any  official
documentation  to  prove  a  personality  conflict  exist.    While
character references were provided on his behalf, those individuals
were not charged with assessing his performance and are somewhat of
a   moot   point.    In   worker-supervisor   relationships,   some
disagreements are likely to occur since a worker must  abide  by  a
supervisor’s policies and decisions.  Personnel who do not  perform
at expected standards or require close supervision may believe that
an evaluator is personally biased; however, the conflict  generated
by this personal attention  is  usually  professional  rather  than
personal.

A  direct  correlation  between  the  information  provided  during
feedback sessions and the assessments on  evaluation  reports  does
not necessarily exist.  For example, if after a  positive  feedback
session, an evaluator discovers serious problems, he  or  she  must
record the problems in the  evaluation  report  even  when  it  may
disagree with the previous feedback provided.

Applicant disagrees with his evaluation report entirely.   However,
he has not provided  any  statements  from  his  rating  chain  nor
official documentation (report of investigation from the IG or MEO)
to prove the evaluation  report  is  an  inaccurate  assessment  of
performance.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 30 Sep 05 for review and comment within 30  days.   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.   The  applicant
contends that the ratings on the front of the contested EPR closing
19 Dec 03 did not match the comments on the back and that  the  EPR
ratings he received were  not  consistent  with  the  feedbacks  he
received.  After a thorough review  of  the  evidence  provided  in
support of the applicant’s appeal, we do not find  his  assertions,
in and by  themselves,  sufficiently  persuasive  to  override  the
rationale  provided  by  the  Air  Force.   Other  than   his   own
assertions, he did not present any corroborative evidence from  his
rating chain or chain of command to support his contention of error
or injustice.   Nor  did  he  provide  any  evidence  to  show  the
contested report is an  inaccurate  or  unfair  assessment  of  his
overall duty performance during the contested rating period or that
the  contested  report  was  prepared  contrary  to  the  governing
instruction.  While  character  references  were  provided  on  his
behalf, these individuals  were  not  charged  with  assessing  his
performance.   Therefore,   we   agree   with   the   opinion   and
recommendation of the Air Force office  of  primary  responsibility
and adopt the rationale expressed as the  basis  for  our  decision
that the applicant has failed  to  sustain  his  burden  of  having
suffered  either  an  error  or  injustice.   In  the  absence   of
persuasive evidence to the contrary, we find no compelling basis to
recommend granting the relief sought.

___________________________________________________________________

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-2005-02401 in Executive Session on 2 November  2005,  under  the
provisions of AFI 36-2603:

      Mr. John B. Hennessey, Panel Chair
      Mr. Joseph D. Yount, Member
      Ms. Jean A. Reynolds, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Jul 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPP, dated 19 Sep 05.
    Exhibit D.  Letter, SAF/MRBR, dated 30 Sep 05.




                                   JOHN B. HENNESSEY
                                   Panel Chair


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