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AF | BCMR | CY2006 | BC-2005-03819
Original file (BC-2005-03819.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:            DOCKET NUMBER:  BC-2005-03819
                 INDEX CODE:  111.02, 111.05

      XXXXXXX          COUNSEL:  None


      XXXXXXX          HEARING DESIRED:  No

MANDATORY CASE COMPLETION DATE:  17 Jun 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Enlisted Performance Report (EPR) for the period 6 Aug 01  through
31 Mar 02 be declared void and removed from her records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The last report she received while assigned  to  Ft.  Meade,  MD,  was
based on a personality conflict rather than her duty performance.  She
was not counseled and all of her feedback was positive.  She  was  not
aware of the AFBCMR process until a few months ago.

The applicant provides supporting statements, none of which  are  from
the contested EPR’s rating chain members.  The  former  superintendent
of the  Air  Force  Discharge  Review  Board  (AFDRB),  indicates  the
applicant told him she felt the contested report was the result  of  a
personality conflict with her former  supervisor.   He  concludes  the
report must be in error based on the quality  of  her  performance  he
observed.  The rater and additional  rater  of  the  applicant’s  EPRs
closing 31 Mar 03, 31 Mar 04, and 31 Mar 05, also provide  statements.
The rater asserts the  applicant  is  better  than  indicated  in  the
contested report and notes the supervisory chain not  only  downgraded
her but also failed to recommend her for a decoration.  The additional
rater believes the applicant’s contention that the EPR in question was
the  result  of  a  personality  conflict  based  on  her  outstanding
performance at the AFDRB.  A former Ft. Meade coworker  indicates  the
rater of the contested report “seemed to have some  type  of  problem”
with the applicant and others.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on  5 Mar  97  and  is
currently serving in the grade of SSgt with a date of  rank  (DOR)  of
1 Mar 02.

According to the Military Personnel Data System (MilPDS) and her EPRs,
the applicant was assigned to the 649th Support Squadron at Ft. Meade,
MD, on 29 May 97.  From 1 Nov 99 through 5 Aug 01, she served  as  the
Military Personnel Flight (MPF) Information  Manager.   The  contested
EPR reflects she was the Noncommissioned Officer  in  Charge  (NCOIC),
Information Manager, Commander Support Staff, from  6 Aug  01  through
31 Mar 02.

On 30 Apr 02, the applicant was assigned to the AFDRB as the NCOIC.

The contested EPR was first considered in the  promotion  process  for
technical sergeant (TSgt) in cycle 04E6.  The applicant’s total  score
was 279.54;  the  score  required  for  selection  in  her  Air  Force
Specialty Code (AFSC) was 299.11.  The selections for this cycle  were
made on 17 Jul 04.

The report was also considered during cycle 05E6,  but  the  applicant
was not selected.  Her total score was 293.60; the score required  for
selection in her AFSC was 294.20.  The selections for this cycle  were
made on 6 Jun 05.

The applicant filed her AFBCMR appeal on 13 Dec 05.

If the  contested  EPR  is  removed,  the  applicant  would  remain  a
nonselectee for cycle 04E6, but she would become a selectee for  cycle
05E6.

An EPR profile from 1998 follows:

      PERIOD ENDING          OVERALL EVALUATION

        4 Nov 98             5 (Ft. Meade)
        1 Dec 99             5 (Ft. Meade)
        1 Dec 00             5 (Ft. Meade)
        5 Aug 01             5 (Ft. Meade)
       31 Mar 02             4 (Contested EPR-Ft. Meade)
       31 Mar 03             5 (AFDRB)
       31 Mar 04             5 (AFDRB)
       31 Mar 05             5 (AFDRB)
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPP recommends  denial,  contending  the  applicant  has  not
provided  specific  instances  which  substantiate  the   relationship
between herself and the rater was strained to the point  an  objective
evaluation was impossible.  The letters of support are not relevant to
the report in question.  Three supporting statements are from  sources
outside the reporting period.  If there  was  a  personality  conflict
between the applicant and the rater which was of  such  magnitude  the
rater could not be objective, the author believes the additional rater
would have known about it, since  the  EPR  indicates  the  rater  and
additional rater were assigned to the same location,  and  would  have
adjusted the EPR accordingly.  There is no information  provided  from
the evaluators or official substantiation of error or  injustice  from
the Inspector General (IG) or Military Equal Opportunity (MEO).  It is
important to note the applicant made no attempt to correct her  record
until she found she had missed selection for promotion to TSgt by less
than one point, and she now contends  she  was  unaware  of  the  BCMR
process until a few months ago.

A complete copy of the evaluation is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 3 Feb 06 for review and comment within 30  days.   As  of
this date, this office has received no response.

_________________________________________________________________

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  the  applicant’s  submission,  we  are  not
persuaded the 31 Mar 02 EPR should be removed from her  records.   The
applicant claims the contested report was the result of a  personality
conflict with the rater.  However, the supporting statements  provided
are from individuals who were outside the rating chain  and  reporting
period of the 31 Mar 02 EPR.  The individual who was a coworker during
the rating period in question provides no substantive  evidence  other
than indicating the rater “seemed to have some type of  problem”  with
the  applicant  and  that  there  was  a  “lot  of  office  talks  and
complaints” about the rater’s management style.  Neither the submitted
statements nor the applicant have  demonstrated  to  our  satisfaction
that the alleged personality  conflict  was  so  severe  it  adversely
affected the objectivity of both the rater and additional  rater.   We
therefore agree with the recommendations of the Air  Force  and  adopt
the rationale expressed  as  the  basis  for  our  decision  that  the
applicant has not sustained her burden of
having suffered either an error or an injustice.  In view of the above
and absent 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  this  application  in
Executive Session on 25 April 2006, under the provisions  of  AFI  36-
2603:

                  Mr. Michael K. Gallogly, Panel Chair
                  Ms. Mary C. Puckett, Member
                  Mr. Grover L. Dunn, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2005-03819 was considered:

   Exhibit A.  DD Form 149, dated 13 Dec 05, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPP, dated 23 Jan 06.
   Exhibit D.  Letter, SAF/MRBR, dated 6 Feb 06.



                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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