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AF | BCMR | CY2006 | BC-2006-01402
Original file (BC-2006-01402.DOC) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2006-01402
            INDEX CODE:  111.05
      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  9 NOVEMBER 2007


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Enlisted Performance Report (EPR) rendered for the period   28  November
2003 through 27 November  2004,  be  declared  void  and  removed  from  his
records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The bullets in the EPR are not supportive of the marks on the front  of  the
EPR and the  rating  on  the  back.  He  strongly  believes  a  conflict  of
personalities played a vital role in the rating on this EPR.

In support of his request, applicant provided copies  of  the  EPRs  and  AF
Form 77, Supplemental Evaluation Sheet.

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
staff sergeant.

The applicant did not file an appeal under the provisions  of  AFI  36-2401,
Correcting Officer and Enlisted Evaluation Reports.

The first time the contested report was used in the  promotion  process  was
cycle 06E6. Results for this cycle are due to be released to the  public  on
15 June 2006. If the member is a nonselect and the Board grants his  request
to void the contested report, they could direct he be provided  supplemental
consideration for cycle 06E6.




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

            PERIOD ENDING         OVERALL EVALUATION

                 30 Jan 02              5
                 27 Nov 02              5
                 27 Nov 03              5
                 09 Sep 04   Supplemental Evaluation Sheet
         *       27 Nov 04              3
                 27 Nov 05              5

* - Contested reports
_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPEP recommends denial  and  states  Air  Force  policy  is  that  an
evaluation report is accurate  as  written  when  it  becomes  a  matter  of
record. To effectively challenge an EPR, it is necessary to  hear  from  all
the members of the rating chain  -  not  only  for  support,  but  also  for
clarification/explanation.  The  applicant  has  failed   to   provide   any
information/support from the rating chain  on  the  contested  EPR.  In  the
absence of information from evaluations, official  substantiation  of  error
or injustice from the Inspector General (IG) or Military  Equal  Opportunity
is appropriate, but not provided in this case. In this case,  the  applicant
failed to provide any supporting evidence to support his case.

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  23
June 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  27
November 2004 from his records.  In this respect, after thorough  review  of
the evidence of record, we believe reasonable doubt has been established  as
to whether or not the performance report closing this period, is a true  and
accurate assessment of  his  performance  during  the  period  in  question.
Based on the evidence provided, in particular his  previous  and  subsequent
performance report history, it appears the rater was unable  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  his  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         28  November  2003  through  27
November 2004, be declared void and removed from his records.

It is further  recommended  that  the  applicant  be  provided  supplemental
consideration for promotion to the grade  of  technical  sergeant  beginning
with cycle 06E6.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2006-01402
in Executive Session on 19 July 2006, under the provisions of AFI 36-2603:

      Mr. Michael J. Novel, Panel Chair
      Mr. Reginald P. Howard, Member
      Ms. Barbara R. Murray, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence pertaining to BC-2006-01402 was considered:

     Exhibit A.  DD Form 149, dated 1 May 06, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPP, dated 8 Jun 06.
     Exhibit D.  Letter, SAF/MRBR, dated 23 Jun 06.




                                  MICHAEL J. NOVEL
                                  Panel Chair

                       AIR FORCE BOARD FOR CORRECTION
                             OF MILITARY RECORDS

                   CASE TRANSMITTAL / COORDINATION RECORD


IN THE MATTER OF DOCKET NO:

XXXXXXX     BC-2006-01402


ROUTE IN TURN    INITIALS  DATE

1.  CHIEF EXAMINER     ________  ________
    (Coord/Signature)


2.  EXECUTIVE DIRECTOR ________  ________
    (Coordination)

3.  Mr.Michael Novel
    Panel Chair
    (Signature on Proceedings)

4.  SAF/MRB (Approval) ________  ________


5.  AFBCMR (Processing)





                                   DANIEL C. MILLER
                                   EXAMINER
                                   AIR FORCE BOARD FOR CORRECTION
                                   OF MILITARY RECORDS

AFBCMR BC-2006-01402




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 for the period 28 November 2003
through 27 November 2004, be, and hereby is, declared void and removed from
his records.

      It is further directed that the applicant be provided supplemental
consideration for promotion to the grade of technical sergeant beginning
with cycle 06E6.





  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency

AFBCMR
1535 Command Drive
EE Wing, 3rd Floor
Andrews AFB, MD 20762-7002

TSgt XXXXXXX
880 Bethel Rd
Conyers, GA 30012

Dear Sergeant Cox

      Your application to the Air Force Board for Correction of Military
Records, AFBCMR BC-2006-01402, has been finalized.

      The Board determined that the military records should be corrected as
set forth in the attached copy of a Memorandum for the Chief of Staff,
United States Air Force.  The office responsible for making the correction
will inform you when your records have been changed.

      After correction, the records will be reviewed to determine if you
are entitled to any monetary benefits as a result of the correction of
records.  This determination is made by the Defense Finance and Accounting
Service (DFAS-DE), Denver, Colorado, and involves the assembly and careful
checking of finance records.  It may also be necessary for the DFAS-DE to
communicate directly with you to obtain additional information to ensure
the proper settlement of your claim.   Because of the number and complexity
of claims workload, you should expect some delay.  We assure you, however,
that every effort will be made to conclude this matter at the earliest
practical date.

                                   Sincerely



                                   RALPH J. PRETE
                                   Chief Examiner
                                   Air Force Board for Correction
                                   of Military Records

Attachments:
1.  Record of Proceedings
2.  Copy of Directive

cc:
DFAS-

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