RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2006-00448
            INDEX CODE:  111.05
      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  18 AUGUST 2007


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Enlisted Performance Report (EPR) rendered for the period     16  August
2004 through 23  January  2005,  be  declared  void  and  removed  from  his
records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He received no disciplinary action  of  any  sort  to  justify  the  ratings
rendered.   He  was  never  provided  feedback  of  any   substandard   duty
performance. No derogatory information of any  kind  can  be  found  in  his
Personnel Information File (PIF)  to  justify  these  ratings.   On-the-job-
training (OJT) records were never updated to reflect training in  the  areas
that he has been downgraded.

In support of his request, applicant provided a personal statement,  a  copy
of the EPR and feedback statement, letters of support  from  the  additional
rater and co-workers, copy of his training record.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant is currently serving in the Regular Air  Force  in  the  grade  of
technical sergeant.

On 11 July 05 and 30 January 2006, the applicant filed an appeal  under  the
provisions of  AFI  36-2401,  Correcting  Officer  and  Enlisted  Evaluation
Reports. The ERAB denied the applicant's request.





The following is a resume of the applicant's recent EPR profile.

            PERIOD ENDING         OVERALL EVALUATION

                 02 Aug 05              5
                 23 Jan 05*             3
                 15 Aug 04              5
                 19 Dec 03              4
                 31 Mar 03              5
                 31 Mar 02              5

* - Contested report
_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPEP  reviewed  applicant’s  request  and  recommends   denial.   The
applicant is requesting the report be removed in  accordance  with  AFI  36-
2401, para A1.5.8, lack of counseling or feedback. This paragraph  reads  as
follows, "Only members in the rating chain can  confirm  if  counseling  was
provided. While current Air Force policy requires performance  feedback  for
personnel,  a  direct  correlation  between  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 disagrees  with  the  previous  feedback.
There may be occasions when feedback was not  provided  during  a  reporting
period. Lack of counseling or feedback, by  itself,  is  not  sufficient  to
challenge the accuracy or justness of  a  report.  Evaluators  must  confirm
they did  not  provide  counseling  or  feedback,  and  that  this  directly
resulted in  an  unfair  evaluation.  The  applicant  must  supply  specific
information about the unfair evaluation so the Board  can  make  a  reasoned
judgment on the appeal. Finally, every airman knows the  existing  standards
for indebtedness, weight, fitness, etc. Lack of counseling  in  these  areas
provides no valid basis for voiding a report."  In  addition,  AFI  36-2406,
para 2.10 states, "While documented feedback sessions are required, they  do
not replace informal day-to-day feedback. A reader's failure  to  conduct  a
required or requested feedback session, or document the session  on  a  PFW,
will not, of itself, invalidate any subsequent performance report  or  PRF."


AFPC/DPPPEP's complete 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  28
April 2006 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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of error or injustice warranting voidance of the  EPR  closing  23
January 2005 and removal  from  his  records.   In  this  respect,  after  a
thorough review of the evidence of record, we believe reasonable  doubt  has
been established as  to  whether  or  not  the  performance  report  closing
23 January 2005, is a  true  and  accurate  assessment  of  his  performance
during  the  period  in  question.   Based  on  the  evidence  provided,  in
particular the statement from the additional rater, it appears that  a  lack
of communication may have existed between the applicant and his  rater  that
hindered that individual's ability to  objectively  assess  the  applicant's
performance.  In consideration of all the circumstances involved it  is  our
opinion that the benefit of any doubt in this matter should be  resolved  in
the applicant’s favor.   Accordingly,  we  recommend  that  his  records  be
corrected to the extent 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 for the period        16 August 2004 to 23 January  2005,
be declared void and removed from his records.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2006-00448
in Executive Session on 22 June 2006, under the provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Alan A. Blomgren, Member
      Ms. Glenda H. Scheiner, Member








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

     Exhibit A.  DD Form 149, dated 1 Nov 05, w/atchs.
     Exhibit B.  Letter, AFPC/DPPPEP, dated 14 Apr 06.
     Exhibit C.  Letter, SAF/MRBR, dated 28 Apr 06.




                                  THOMAS S. MARKIEWICZ
                                  Chair
AFBCMR BC-2006-00448




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 II, XXXXXXX, be corrected to show that the Enlisted
Performance Report, AF Form 910, rendered for the period 16 August 2004
through 23 January 2005, be, and hereby is, declared void and removed from
his records.






JOE G. LINEBERGER

Director

Air Force Review Boards Agency