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AF | BCMR | CY2006 | BC-2006-02094
Original file (BC-2006-02094.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02094
            INDEX CODE:  111.05

      xxxxxxxxxxxx     COUNSEL:  NOT INDICATED

            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  14 JAN 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Enlisted Performance Report  (EPR)  closing  out  on  15  July  2001  be
changed to reflect a rating of overall five.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His personal problems contributed to his report being a four and the  report
is not a fair assessment of his performance for this period.

In support of his request, the applicant provided a  personal  statement,  a
copy of AF Form 910, Enlisted Performance Report closing  15  July  2001,  a
copy of Superior Court of Houston County, State of Georgia  Divorce  Decree,
a copy of his College Transcript from Embry-Riddle Aeronautical  University,
background information related to his Bootstrap Application, and a  copy  of
AF Form 422, Physical Profile Serial Report.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air  Force  in  the  grade  of  airman
basic on 6 January 1999 for  a  term  of  4  years.   He  was  progressively
promoted to the grade of staff sergeant and currently serves in that grade.

His EPR profile reflects the following:

      PERIOD ENDING    EVALUATION OF POTENTIAL

          15 Jul 05          5
          15 Jul 04          5
          15 Jul 03          5
          15 Jul 02          5
          15 Jul 01          4
          15 Jul 00          5

* Contested report

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPEP recommends denial.  DPPPEP 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  of  the  contested  EPR.   An
evaluation report  is  considered  to  represent  the  rating  chain’s  best
judgment at the time it is rendered.  Once a report is  accepted  for  file,
only strong evidence to the contrary warrants correction or removal from  an
individual’s record.  The burden of proof is on the applicant.  He  has  not
substantiated the contested report was not rendered in  good  faith  by  all
evaluators based on knowledge available at the time.  It appears the  report
was accomplished in direct accordance with applicable regulations.

The 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 15  Sep
06, for review and comment within 30 days.  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.

3.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of error or injustice.  The applicant contends the  contested  EPR
is unjust and should be removed  from  his  records.   After  reviewing  the
documentation provided by the applicant and  the  evidence  of  record,  the
Board finds no persuasive evidence showing  that  the  applicant  was  rated
unfairly, that the report is in error, or that the  evaluators  were  biased
and prejudiced against the applicant.  In our opinion, the  evaluators  were
responsible for assessing the applicant’s performance during the  period  in
question and are presumed to have rendered his evaluations  based  on  their
observation of the applicant’s performance.  Therefore, we  agree  with  the
opinions  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.   In  the
absence of evidence  to  the  contrary,  we  find  no  compelling  basis  to
recommend granting the relief sought.

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 an 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 Docket Number  BC-2006-
02094 in Executive Session on 26 October 2006 under the  provisions  of  AFI
36-2603:

                 Mr. Michael J. Novel, Panel Chair
                 Ms. Mary C. Puckett, Member
                 Mr. Todd L. Schafer, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 23 Jun 06, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPEP, dated 1 Sep 06.
   Exhibit D.  Letter, SAF/MRBR, dated 15 Sep 06.





                                   MICHAEL J. NOVEL
                                   Panel Chair

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