RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02059
            INDEX CODE:  111.02

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  11 January 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Enlisted Performance Report (EPR) rendered for the period 1 Dec 03
through 13 Aug 04 be removed from his records or the rating  from  the
rater to be removed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not given credit for the level of performance that he performed
during the contested timeframe.  He states the rater’s rater  and  the
senior  rater’s  deputy  both  overwrote  his  promotion  rating   and
performance ratings on the EPR.

In support of  the  appeal,  applicant  submits  statements  from  the
additional rater and reviewer, a copy of his AF IMT  948,  Application
for Correction/Removal of Evaluation Reports, a copy of the  contested
EPR, a copy of his reasons to support the requested action, a copy  of
two Performance Feedback Worksheets, a  copy  of  his  nomination  for
award, a copy of two EPRs, seven character references,  a  copy  of  a
notification of disapproval of Evaluation Reports Appeal Board (ERAB),
and a copy of an email.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Regular  Air  Force  in  the
grade of senior master sergeant.

The applicant filed an appeal under the  provisions  of  AFI  36-2401,
Correcting Officer and Enlisted Evaluation Reports.  The  ERAB  denied
the application.

EPR profile since 1996 reflects the following:

      PERIOD ENDING    EVALUATION OF POTENTIAL

       15 Dec 96       5
       14 Apr 97       5
       31 Mar 98       5
       31 Mar 99       5
       31 Mar 00       5
       31 Mar 01       5
       31 Mar 02       5
       31 Mar 03       5
       30 Nov 03       5
      *13 Aug 04       5
       13 Aug 05       5

   * Contested report

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPEP recommends denial.  The applicant contends that he did not
receive a mid-term feedback that would indicate he was  performing  at
any level other than a five, nor  did  he  receive  a  formal  midterm
feedback session during the reporting period.   He  only  received  an
initial performance feedback from his rater.  DPPPEP indicates AFI 36-
2406, paragraph 2.2.1.3, states the ratee should notify the rater and,
if necessary, the rater’s rater when a required or requested  feedback
session does not take place.  Furthermore, he does not  state  whether
or not he requested a feedback  session  from  the  rater,  or  if  he
notified the rater or the rater’s rater  when  the  required  feedback
session did not take place.  Therefore, they  indicate,  AFI  36-2406,
paragraph 2-10, states, “A rater’s failure to conduct  a  required  or
requested feedback session does not by itself invalidate an EPR.”   He
provided a letter from the additional rater,  who  states  “It  is  my
opinion the EPR submitted did not reflect the overall contribution  by
SMSgt S--- to this organization during the reporting cycle,”  and  the
reviewer who states “In my opinion, the mark  downs  on  SMSgt  S---‘s
Enlisted Performance Report are totally unjustified, and should not be
allowed to stand.”   He  did  not  provide  anything  from  the  rater
regarding the situation.  In accordance with AFI  36-2406,  Table  3.2
line 20,  “Evaluators  should  discuss  disagreements  when  preparing
reports.   If,  after  discussion,  the  disagreement   remains,   the
disagreeing evaluator marks  the  nonconcur  block  and  initials  the
blocks in section III deemed more  appropriate.”   DPPPEP  states,  in
this case the proper procedure for disagreeing occurred  properly  and
the Military Personnel Data System (MILPDS) was  updated  to  show  an
overall rating of a five vs four.  Thus, it  appears  the  report  was
accomplished in direct accordance with applicable regulations.



A complete copy of the 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
18 Aug 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.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice.  Applicant requests the  Enlisted
Performance Report (EPR) rendered for the period 1 Dec 03  through  13
Aug 04 be removed from his records or the rating  from  the  rater  be
removed.  Applicant contends he was not given credit for the level  of
performance that he  performed  during  the  contested  timeframe  and
provides statements from the additional rater and reviewer  indicating
the mark downs on the contested report are unjustified.   In  view  of
these statements, we believe the  applicant  has  provided  sufficient
evidence to demonstrate the EPR is an  inaccurate  assessment  of  his
performance.  After thoroughly reviewing  the  applicant’s  submission
along with the evidence of record, it  is  the  Board’s  opinion  that
corrective action is warranted in this case.   Therefore,  it  is  the
Board’s opinion that his records  should  be  corrected  as  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  Senior  Enlisted
Performance Report, AF Form 911, rendered for the  period  1  December
2003 through 13 August 2004, be declared void  and  removed  from  his
records.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 27 September 2006 and 18 December 2006, under the
provisions of AFI 36-2603:

                  Ms. Marilyn Thomas, Vice Chair
              Ms. Barbara R. Murray, Member
                  Mr. E. B. Smith, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence pertaining to AFBCMR Docket Number  BC-
2006 02059 was considered:

   Exhibit A.  DD Form 149, dated 30 Jun 06, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPEP, dated 2 Aug 06.
   Exhibit D.  Letter, SAFBCMR, dated 18 Aug 06.




                                   MARILYN M. THOMAS
                                   Vice Chair







AFBCMR BC-2006-03059





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 APPLICANT, be corrected to show that the Senior
Enlisted Performance Report, AF Form 911, rendered for the period 1
December 2003 through 13 August 2004, be, and hereby is, declared void
and removed from his records.






                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency