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AF | BCMR | CY2006 | BC-2006-02322
Original file (BC-2006-02322.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02322
            INDEX CODE:  111.05

      xxxxxxxxxxxxxxxx COUNSEL:  NOT INDICATED

            HEARING DESIRED:  NOT INDICATED

MANDATORY CASE COMPLETION DATE:  5 FEB 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Enlisted Performance Report (EPR) closing out  on  31  January  2006  be
changed to reflect Section III #1 and #5 rated one to the right and  Section
IV be upgraded to a 5 in the rater’s and additional  rater’s  recommendation
block rather than 4.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The report is not a fair assessment of his performance and the  ratings  are
unjust.

In support of his request, the  applicant  provided  a  personal  statement,
three AF Form IMT 931, Performance Feedback Worksheets and a copy of AF  IMT
Form 910 Enlisted Performance Report closing out on 31 January 2006.

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 17 October 1983 for a  term  of  4  years.   He  was  progressively
promoted to the grade of technical sergeant and  currently  serves  in  that
grade.  The first time the  contested  report  will  be  considered  in  the
promotion process is cycle 07E7 to master sergeant.

His EPR profile reflects the following:

      PERIOD ENDING    EVALUATION OF POTENTIAL

          20 Jun 98          4
          20 Jun 99          5
          20 Jun 00          5
          20 Jun 01          3
          20 Apr 02          2
          11 Jan 03          5
          11 Jan 04          5
           8 Sep 04          5
          31 Jan 05          5
         *31 Jan 06          4

* Contested report

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPEP recommends denial.  According to DPPPEP the applicant failed  to
provide any supporting evidence to support his claim.  Ratings are based  on
the evaluator’s opinion, not the ratee.  He does not have the  support  from
his rating chain to upgrade his report.  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.

The complete evaluation is at Exhibit C.

AFPC/DPPPWB defers to the recommendation of DPPPEP.

The complete evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  22
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 filed.

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  recommendations  of  the  Air  Force   offices   of   primary
responsibility and adopt their 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.

_________________________________________________________________

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-
02322 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 27 Jul 06, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPEP, dated 5 Sep 06.
   Exhibit D.  Letter, AFPC/DPPPWB, dated 12 Sep 06.
   Exhibit E.  Letter, SAF/MRBR, dated 22 Sep 06.





                                   THOMAS S. MARKIEWICZ
                                   Chair

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