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AF | BCMR | CY2006 | BC-2006-02065
Original file (BC-2006-02065.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                 DOCKET NUMBER:  BC-2006-02065
                                        INDEX CODE:  111.02
      XXXXXXXXXXXXXXXXX           COUNSEL:  NONE

                                        HEARING DESIRED:  YES


MANDATORY CASE COMPLETION DATE:  Jan 14, 2008


________________________________________________________________

APPLICANT REQUESTS THAT:

The Enlisted Performance Report (EPR), closing 14 November 2003, be  removed
from his records.

________________________________________________________________

APPLICANT CONTENDS THAT:

The rater of the contested report did not become  his  supervisor  until  30
June 2003, he had only 22  days  of  supervision  under  the  rater  of  the
contested EPR, and the rater did not meet minimum  Air  Force  standards  to
write an EPR.

In support of the appeal, applicant submits a copy of the contested  EPR,  a
Travel Voucher Summary showing he departed TDY on 22 July 2003 and  remained
TDY until returning on 8 November 2003, and an  On-the-Job  Training  Record
Continuation Sheet containing a written statement  from  an  official  other
than the rater of the contested report stating applicant was CRO’d  to  said
rater on 30 June 2003.

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

________________________________________________________________

STATEMENT OF FACTS:

Applicant was discharged from Active Duty on 29 March 2004 and, since he  is
no longer on Active Duty, cannot  file  an  appeal  through  the  Evaluation
Reports Appeal Board.





Applicant’s performance profile follows:

      PERIOD ENDING                     OVERALL RATING

        30 Nov 01                            4
        14 Nov 02                            2 (referral)
        14 Nov 03*                           2 (referral)

*Contested Report

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPEP recommends the application be denied and states, in part,  there
is no documentation, nor has applicant provided a statement from  his  rater
or any members of the rating chain, to support his  claim  that  supervision
under the rater did not begin until 30 June  2003.   Rather,  applicant  has
provided an On-the-Job Training Record Continuation Sheet which  contains  a
written statement from an official other than the  rater  of  the  contested
report stating applicant was “CRO’d” to said rater on 30 June 2003. This On-
The-Job Training Record Continuation Sheet is not an  official  document  to
show when supervision began; additionally, it was not signed  by  the  rater
of the contested report or the applicant and it also  contains  a  statement
that an initial feedback session had  already  been  accomplished  with  the
rater of the contested report  but  does  not  state  when  the  supervision
began.

The AFPC/DPPPEP evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was  forwarded  to  the  applicant  on  22
September 2006 for review and comment within 30 days.  However, as  of  this
date, no response has been received by this office.

________________________________________________________________

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.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinion and recommendation of  the  Air  Force  office  of  primary
responsibility and adopt its rationale as the basis for our conclusion  that
the applicant has not been the victim of an error or injustice.   Therefore,
in the absence of evidence to the contrary, we find no compelling  basis  to
recommend granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue(s) involved.  Therefore, the  request  for  a
hearing is not favorably considered.

________________________________________________________________

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 Docket Number
BC-2006-02065  in  Executive  Session  on  16  November  2006,   under   the
provisions of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Mr. James A. Wolffe, Member
                       Mr. James L. Sommer, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 03 Jul 06, w/atchs
    Exhibit B.  Applicant's Master Personnel Records
    Exhibit C.  Letter, AFPC/DPPPEP, dated 12 Sep 06
    Exhibit D.  Letter, SAF/MRBR, dated 22 Sep 06




                                   THOMAS S. MARKIEWICZ
                                   Chair

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