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AF | BCMR | CY2006 | BC-2006-02413
Original file (BC-2006-02413.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02413
            INDEX CODE:  111.02

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED: YES


MANDATORY CASE COMPLETION DATE:  15 FEB 2008


___________________________________________________________________

APPLICANT REQUESTS THAT:

His enlisted performance report (EPR) closing 15 Jul 05  rating  of
3B be nullified.

___________________________________________________________________

APPLICANT CONTENDS THAT:

His rating was the result  of  unfair  bias  on  the  part  of  his
supervisor  due  to  a  personality  conflict.   He  believes   the
documentation in the report does not support the rating.

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

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  13  Nov  01  for  a
period of six years.  He was progressively promoted to the rank  of
senior airman with a date of rank of 14 May 04.   He  is  currently
serving as a Maintenance Operations Controller.

A resume of applicant’s EPR profile follows:

            PERIOD CLOSING              OVERALL EVALUATION

                 15 Jul 03                                    4
                 15 Jul 04                                    5
*                15 Jul 05                                    3
                 15 Jul 06                                    4

*  The contested report  rendered  for  the  period  16  Jul  04  –
15 Jul 05, reflects 306 days of supervision.  (The  longest  period
of supervision for any report).

___________________________________________________________________




AIR FORCE EVALUATION:

HQ AFPC/DPPPEP reviewed this application  and  recommended  denial.
The applicant did not file an appeal under the provisions of AFI 36-
2401,  Correcting  Officer   and   Enlisted   Evaluation   Reports,
20 Feb 04.

Air Force policy states 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 on the contested EPR.  In
the absence of information from evaluators, official substantiation
of error or injustice from the Inspector General (IG)  or  Military
Equal Opportunity is appropriate, but not provided  in  this  case.
It appears the report was accomplished in  direct  accordance  with
applicable instructions.

The applicant  contends  a  personality  conflict  existed  between
himself and his rater.  In  worker-supervisor  relationships,  some
disagreements are likely to occur since a worker must  abide  by  a
supervisor’s policies and decisions.  Personnel who do not  perform
at expected standards or require close supervision may believe that
an evaluator is personally biased; however, the conflict  generated
by this personal attention  is  usually  professional  rather  than
personal.  The applicant has not provided any statements  from  his
rating chain nor official  documentation  to  prove  a  personality
conflict existed in this instance.

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 22 Sep 06 for review and comment within 30  days.   As  of  this
date, no response has been received by this office (Exhibit D).

___________________________________________________________________

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 that the ratings were the result of  unfair  bias  on  the
part of his supervisor due to  a  personality  conflict.   However,
other than his own assertions, he did not present any corroborative
evidence from his rating chain or chain of command to  support  his
contention of error or injustice.  Nor did he provide any  evidence
to show the contested report is an inaccurate or unfair  assessment
of his overall duty performance during the contested rating  period
or that the contested report was prepared contrary to the governing
instruction.   Therefore,   we   agree   with   the   opinion   and
recommendation of the Air Force office  of  primary  responsibility
and adopt the rationale expressed as the  basis  for  our  decision
that the applicant has failed  to  sustain  his  burden  of  having
suffered  either  an  error  or  injustice.   In  the  absence   of
persuasive 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   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 AFBCMR Docket  Number
BC-2006-02413 in Executive Session on 15 November 2006,  under  the
provisions of AFI 36-2603:

      Ms. B. J. White-Olson, Panel Chair
      Mr. Wallace F. Beard Jr., Member
      Mr. Patrick C. Daugherty, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 13 Jun 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPEP, dated 7 Sep 06.
    Exhibit D.  Letter, SAF/MRBR, dated 22 Sep 06.




                                   B. J. WHITE-OLSON
                                   Panel Chair

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