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AF | BCMR | CY2006 | BC-2006-02414
Original file (BC-2006-02414.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02414
            INDEX CODE:  111.02

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  15 FEB 2008


___________________________________________________________________

APPLICANT REQUESTS THAT:

His enlisted performance report closing 13 Sep 05 be voided.

___________________________________________________________________

APPLICANT CONTENDS THAT:

The amount of actual supervision was not enough time  to  render  a
proper EPR for an entire year, while he and  his  rater  were  TDY.
His rater was deployed and  did  not  return  until  Jan  05.   She
separated on 15 Sep 05;  however  his  EPR  was  not  signed  until
21 Nov 05.  At the time his EPR was signed his rater was no  longer
a member of the unit or his supervisor.  He does  not  believe  his
rater signed his report and that his rating was changed without her
approval.

In support of his appeal, applicant submitted a statement from  the
Flight Chief, Target;  copies  of  his  TDY  documents,  and  other
support documents.

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

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 16 Aug  95.   He  is
currently serving in the grade of technical sergeant with a date of
rank 1 Mar 06 and a duty title of NCOIC, C4I Targets.

The applicant filed an appeal under the provisions of AFI  36-2401,
Correcting Officer and Enlisted Evaluation Reports, 20 Feb 04.  The
Evaluation Reports  Appeal  Board  (ERAB)  denied  the  applicant’s
request, however directed the days of  supervision  be  changed  to
reflect “154”.

A resume of applicant’s EPR profile follows:

            PERIOD CLOSING              OVERALL EVALUATION

                 08 Nov 98                                    5
                 26 Apr 99                                    5
                 26 Apr 00                                    5
                 26 Apr 01                                    5
                 01 Oct 01                                    5
                 01 Oct 02                                    5
                 13 Sep 03                                    5
                 13 Sep 04                                    5
*                13 Sep 05                                    4
                 17 Jul 06                                    5

* - The contested report rendered  for  the  period  14  Sep  04  –
13 Sep 05 was corrected to reflect 154 days  of  supervision.   The
rater and additional rater signed the report on 21 Nov 05.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPEP reviewed this application  and  recommended  denial,
stating, in part, the applicant provided documentation to show  his
time TDY.  Those changes were already made to the EPR when the days
of supervision were changed by direction of the ERAB.  He  provided
a memo from the Flight Chief of Targets, stating the rater was  TDY
from 1 Sep 04 to 18 Jan 05.  Unfortunately,  the  memo  is  not  an
official document proving  the  rater  was  TDY  during  that  time
period.   The  applicant  must  provide  some  sort   of   official
documentation such as a travel voucher or TDY  orders  proving  the
applicant went TDY from that time  period.   In  its  absence,  the
applicant could provide a memo from the rater herself stating  when
she was TDY.  The applicant failed to provide accurate  support  to
prove there was insufficient supervision to complete the report.

HQ AFPC/DPPPEP’s complete evaluation is at Exhibit C.

HQ AFPC/DPPPWB deferred to the recommendation of DPPPEP, stating in
part, the first time the contested  report  will  be  used  in  the
promotion process is cycle  08E7  to  master  sergeant  (promotions
effective Aug 08 –  Jul  09).   Should  the  report  be  voided  as
requested, providing the applicant is otherwise eligible, he  would
be entitled to  supplemental  consideration  beginning  with  cycle
08E7.

HQ AFPC/DPPPWB’s complete evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In  his  response  to  the  evaluation,  applicant  reiterated  his
original contentions that his rater was TDY and not on active  duty
to sign the contested report.

In support of his appeal, applicant provided a personal  statement;
a letter from his commander,  and  additional  documents  from  his
former rater (substantiating insufficient days  of  supervision  to
warrant a report).

Applicant’s complete response, with attachments, is at Exhibit F.

___________________________________________________________________

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 warranting a correction to  the
record.  The applicant contends that there  was  not  a  sufficient
number of days of supervision to  complete  a  performance  report.
After careful consideration of  the  applicant’s  request  and  the
information submitted in his behalf,  including  the  documentation
from his commander and his rater, we agree.  The ERAB has corrected
the EPR to reflect 154 days of supervision.  The applicant’s  rater
provided a copy of her orders reflecting that she went  TDY  on  or
about 2 Sep 04, for a period of 119 days.  Since the governing  Air
Force instruction requires a minimum of 120 days of supervision, it
appears  that  there  was  not  a  sufficient  number  of  days  of
supervision to warrant a report.  Therefore, we  believe  that  any
doubt should be  resolved  in  the  applicant’s  favor.   For  this
reason, we recommend  the  applicant’s  EPR  closing  13 Sep 05  be
voided  and  that  he  be  considered  for  supplemental  promotion
consideration beginning with cycle 08E7.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the  Air  Force
relating to APPLICANT, be corrected to show that:

      a.  The AF IMT 910,  Enlisted  Performance  Report  (AB  thru
TSGT)  rendered  for  the  period   14   September   2004   through
13 September 2005, be and hereby is, voided.

      b.  He be provided supplemental consideration  for  promotion
to the grade of master sergeant for promotion cycle 08E7.

If AFPC discovers any  adverse  factors  during  or  subsequent  to
supplemental  consideration  that  are  separate  and  apart,   and
unrelated to the issues involved in this  application,  that  would
have rendered the applicant ineligible  for  this  promotion,  such
information will be documented and presented to  the  Board  for  a
final determination on  the  individual's  qualifications  for  the
promotion.

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2006-02414 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

All members voted to correct  the  records,  as  recommended.   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, HQ AFPC/DPPPEP, dated 20 Sep 06.
     Exhibit D.  Letter, HQ AFPC/DPPPWB, dated 21 Sep 06.
     Exhibit E.  Letter, SAF/MRBR, dated 6 Oct 06.
     Exhibit F.  Letter, Applicant, dated 1 Nov 06, w/atchs.




                                   B. J. WHITE-OLSON
                                   Panel Chair



AFBCMR BC-2006-02414




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 XXXXXXX, XXXXXXX, be corrected to show that:

      a.  The AF IMT 910,  Enlisted  Performance  Report  (AB  thru
TSGT)  rendered  for   the   period   14 September   2004   through
13 September 2005, be and hereby is, voided.

      b.  He be provided supplemental consideration for promotion
to the grade of master sergeant for promotion cycle 08E7.

If AFPC discovers any adverse factors during or subsequent to
supplemental consideration that are separate and apart, and
unrelated to the issues involved in this application, that would
have rendered the applicant ineligible for this promotion, such
information will be documented and presented to the Board for a
final determination on the individual's qualifications for the
promotion.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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