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AF | BCMR | CY2006 | BC-2005-03707
Original file (BC-2005-03707.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03707
            INDEX NUMBER:  131.00
            COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: YES

MANDATORY CASE COMPLETION DATE:  9 JUNE 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

All Enlisted Performance Reports (EPRs)  dated  19  March  1998  or
later be removed from his records.

___________________________________________________________________

APPLICANT CONTENDS THAT:

On 19 March 1998, he completed his last action, obtained a GT score
of 114 to enter into the warrant  officer  ranks  while  on  active
duty.

In support of his application, applicant has provided a copy of  DD
Form 214, Certificate of Release or Discharge from Active  Duty,  a
personal data statement, a copy of his identification card, DA Form
61, Application for Appointment, DA  160,  Application  for  Active
Duty, Request for Commissioning Physical, Personal Fitness Progress
Chart, Security Clearance  Verification,  a  letter  from  US  Army
Recruiting  Command,  a  letter  of  appreciation,  a  letter  from
SGF/Diet Therapy,  letter  of  recommendations,  military  training
records and certifications, latest performance report and a copy of
his appeal package filed under AFI 36-2401.

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

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman  basic
on 27 May 1980. Applicant was honorably retired on 31 May  2000  in
the grade of staff sergeant.  He served 20  years  and  4  days  of
total active military.








Applicant’s EPR profile is listed below.

                 PERIOD ENDING          OVERALL EVALUATION

                  * 15 Dec 98                      4
                  * 15 Dec 99                      4

* Contested Reports

___________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPP recommends denial and states no errors  were  found  in  the
reports. The applicant did not provide  any  reasons  as  to  why  the
reports should be removed from his records. There are no documents  of
support showing the reports are inaccurate.

AFPC/DPPP complete evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and stated the request
to remove all airman performance reports (APRs) dated   19 March  1998
or later was due to the fact he retired as  a  chief  warrant  officer
from the United States Air Force. All APRs dated  19  March  1998  and
later are incorrect, because the  rank  is  wrong.   A  lower  ranking
individual may not write a performance  report  on  a  higher  ranking
individual. This is governed by  AFI  36-2406,  Officer  and  Enlisted
Evaluation Systems, 1 July 2000.

Applicant’s 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 not timely filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

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
relief should be granted.  Applicant’s contention that he was  retired
as a chief warrant officer from the Air Force was duly noted; however,
we do  not  find  this  assertion,  in  and  by  itself,  sufficiently
persuasive to override the rationale provided by the office of the Air
Force.  In this regard, we note the  applicant's  records  reflect  he
retired from the Air Force in the grade of staff sergeant  and  not  a
warrant officer and has failed to  sustain  his  burden  that  he  has
suffered  either  an  error  or  an  injustice.   Hence,  we  find  no
compelling basis to recommend granting the relief sought.

4.    The applicant's case is adequately documented  and  it  has  not
been shown that a personal appearance with  or  without  counsel  will
materially add to our understanding of the issue involved.  Therefore,
the request for a hearing is not favorably considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of a 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 Docket  Number  BC-2005-
03707 in Executive Session on 6 April 2006, under  the  provisions  of
AFI 36-2603:

                 Mr. James W. Russell III, Panel Chair
                 Ms. Barbara R. Murray, Member
                 Mr. James L. Sommer, Member

      Exhibit A. DD Form 149, dated 26 Nov 05, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPP, dated 6 Jan 06.
      Exhibit D. Letter, SAF/MIBR, dated 13 Jan 06.
      Exhibit E. Applicant’s Response, undated.





      JAMES W. RUSSELL III
      Panel Chair




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