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AF | BCMR | CY2006 | BC-2006-01995
Original file (BC-2006-01995.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01995
            INDEX CODE:  111.05
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  2 JANUARY 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His referral Enlisted Performance Report (EPR) rendered for the period
30 April 2005 thru 29 April 2006 be upgraded.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His referral EPR is unjust  because  it  was  based  solely  on  an  invalid
referral Letter of Evaluation (LOE) he received while  deployed  in  Kuwait.
He was assigned as Noncommissioned Officer in Charge (NCOIC) of  the  supply
section on 1 Mar 06 and was removed as NCOIC on 5 Mar 06  and  a  new  NCOIC
was assigned to the section.  The new NCOIC supervised  him  from  10  March
2006 through 20 Mar 06 at which time he was transferred to  another  section
and received a referral LOE.  The LOE was incomplete because the  rater  did
not include dates in the “From” and “Thru” sections of the form as  required
by AFI 36-2406.  In addition,  a  minimum  of  60  days  of  supervision  is
required to write a referral LOE.  He left Kuwait on 30 Mar 06.

In  support  of  the  application,  the  applicant  submits   his   personal
statement, a copy  of  the  contested  EPR,  a  copy  of  the  referral  EPR
memorandum, a copy of his rebuttal to the referral EPR, a copy of  the  LOE,
a copy  of  excerpts  from  AFI  37-2406,  and  a  copy  of  his  Air  Force
Expeditionary Service Ribbon.

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

_________________________________________________________________

STATEMENT OF FACTS:

The Military Personnel Database (MilPDS) indicates applicant’s Total  Active
Federal Military Service Date as 18  Nov  92.   He  has  been  progressively
promoted to the grade of Staff Sergeant (E-5), effective and with a date  of
rank of 1 Sept 01.  The following is a resume of his EPR profile:

      PERIOD ENDING    PROMOTION RECOMMENDATION

*     29 Apr 06              3
      29 Apr 05              5
      11 Dec 04              5
       5 Apr 04              5
       5 Apr 03              5
       5 Apr 02              4
       5 Apr 01              4
      28 Jan 00              3
      28 Jan 99              4
      15 May 98              4
      15 May 97              3
      15 May 96              5
      15 May 95              4
      25 Jul 94              4

*Contested report.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the letters  prepared  by
the appropriate office of the Air Force at Exhibits C & D.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPEP recommends denial of the applicant’s request.  DPPPEP  states
the applicant failed to provide any supporting documents proving the  number
of days supervision  is  inaccurate.   He  addressed  his  concerns  to  the
additional rater in his rebuttal to the referral EPR.  The additional  rater
reviewed the information and still found the information to be accurate  and
concurred with the assessment.  DPPPEP agrees with the applicant in  regards
to the missing dates on the referral LOE; however,  they  state  it  is  not
grounds to void the report.  DPPPEP opines it  is  a  simple  administrative
error and can be corrected to reflect the period covering his deployment.

DPPPEP states the applicant’s source document, AFI 36-2406,  para  4.7l.5.1,
does not apply since the rater was not the person who completed the  report.
 Instead, para 4.7.5.2 is the appropriate  reference  that  applies  to  the
applicant and it states, “…the LOE becomes a referral document  attached  to
the report.”  After reviewing the referral EPR, the  rater  did  not  attach
the LOE to the applicant’s referral EPR,  therefore,  as  an  administrative
correction, DPPPEP recommends the LOE be attached to the referral  EPR  with
corrections made to the “From and Thru” dates.

The complete DPPPEP evaluation is at Exhibit C.

HQ  AFPC/DPPPWB  defers  to  the  recommendation  of  DPPPE  regarding   the
removal/correction of the EPR.

DPPPWB states the first time the contested report would normally  have  been
considered in the promotion process  was  cycle  06E6  to  TSgt  (promotions
effective Aug 06 – Jul 07).  However, the fact that the EPR was  a  referral
rendered the applicant ineligible for consideration for  promotion.   Should
the AFBCMR void/correct the report as requested, providing he  is  otherwise
eligible,  the  applicant  will  be  entitled  to   supplemental   promotion
consideration beginning with cycle 06E6.

The complete DPPPWB evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response dated 26 Aug 06, the applicant states the  omission  of  the
“From  and  Thru”  dates  was  not  a  simple  administrative  error  but  a
deliberate omission because the individuals writing the LOE  knew  they  had
no legal right to prepare the evaluation.  His  rater  did  not  attach  the
referral LOE because he knew  the  LOE  was  invalid.   He  had  personality
conflicts with his rater.  He worked extremely hard in Kuwait and  had  good
results until the end of his deployment when his  new  supervisors  arrived.
He believes the referral EPR was done in retaliation (Exhibit F).

_________________________________________________________________

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 probable error  or  injustice.   We  carefully  considered  the
applicant’s complete submission in judging the merits of the case;  however,
we are not persuaded that the  “Evaluation  of  Performance”  or  “Promotion
Recommendation” ratings on the contested report  should  be  changed  and/or
upgraded.  We note the applicant’s contentions that  the  referral  EPR  was
based solely on a referral Letter of  Evaluation  (LOE)  he  received  while
deployed and that the rater had insufficient supervision to render the  LOE.
 However, other than his own assertions,  the  applicant  has  not  provided
sufficient  evidence  to  substantiate  the  LOE  was  improperly  rendered.
According to the applicant’s own submission, he was deployed for  more  than
the 60 days required to render the LOE.  Additionally,  as  pointed  out  by
AFPC/DPPPEP, the additional  rater  considered  the  applicant’s  assertions
regarding the LOE, yet chose to let the referral EPR stand.   The  commander
also indicated his concurrence  with  the  referral  report.   We  defer  to
AFPC/DPPPEP on  the  administrative  corrections  recommended  to  the  LOE.
Therefore, in the absence of compelling evidence to the  contrary,  we  find
no basis to grant the relief sought in this application.

_________________________________________________________________

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  2006-01995   in
Executive Session on 28 September 2006, under  the  provisions  of  AFI  36-
2603:

      Mr. James W. Russell III, Panel Chair
      Mr. Alan A. Blomgren, Member
      Mr. Grover L. Dunn, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Jun 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  HQ AFPC/DPPPEP Letter, dated 29 Jul 06.
    Exhibit D.  HQ AFPC/DPPPWB Letter, dated 1 Aug 06.
    Exhibit E.  Letter, SAF/MRBR, dated 18 Aug 06.
    Exhibit F.  Applicant’s Rebuttal, dated 26 Aug 06.




                                   JAMES W. RUSSELL III
                                   Panel Chair

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