RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02235
            INDEX CODE:  111.02
      XXXXXXX    COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 28 JANUARY 2008

________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His Enlisted Performance Report (EPR) rendered for the  period  28 May
2004 through 27 May 2005, be removed from his records.

2.  His letter of Reprimand (LOR), Unfavorable Information File (UIF)  and
Control Roster action be removed from his records.

________________________________________________________________

APPLICANT CONTENDS THAT:

He was accused of disobeying a direct order that was never given. He  also
believes the order he is  accused  of  disobeying  was  an  abuse  of  his
commander’s authority.  He states  the  punishment  he  received  severely
affected his otherwise spotless career and was  carried  out  without  due
process.   Applicant believes the punishment is  in  reprisal  because  he
threaten to take the issue to the Inspector General.

In support of  his  request,  applicant  provided  a  personal  statement,
documentation  associated  with  his  Unfavorable  Information  File,  and
supporting statements.  His complete submission, with attachments,  is  at
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force on  1
March 1990.  He has been progressively promoted to  the  grade  of  master
sergeant, having assumed that grade effective and with a date of rank of 1
October 2006.

The following is a resume of his recent EPR profile:

      PERIOD ENDING    PROMOTION RECOMMENDATION

            27 May 06        5
            27 May 05        3(Contested Report)
            27 May 04        5
            27 May 03        5
            27 May 02        5

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPEP recommends denial.   DPPPEP  states  the  applicant  does  not
provide any supporting documents to prove his report  is  inaccurate.   In
addition, in order to successfully challenge the validity of an EPR, it is
important to hear from the evaluators, not necessarily for support, but at
least for clarification/explanation. In the absence  of  information  from
evaluators, official substantiation of error or injustice from the (IG) or
Military Equal Opportunity is appropriate, but not provided in this  case.
Without this information, DPPPEP concludes the EPR is accurate as written.

The DPPPEP evaluation is at Exhibit C.

AFPC/DPSO recommends denial.  DPSO states the applicant was given  an  LOR
for disobeying a direct order.  He was asked to report to the  commander’s
residence to pick up  documentation,  make  corrections  then  return  the
document to the commander’s residence.  The applicant refused  by  stating
“I am not going to the commander’s house.  I will suffer the  consequences
tomorrow and go to the  IG  if  necessary.”   The  applicant  had  several
options he could have chosen; however,  he  chose  to  disobey  the  order
given.  In addition, the applicant provides no documentation  or  evidence
to support the removal of his LOR and control roster action.

The DPSO evaluation is at Exhibit D.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant  on  1
December 2006 for review and comment within 30 days.   As  of  this  date,
this office has received no response.

________________________________________________________________


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 an error  or  injustice.   We  took  careful  notice  of  the
applicant's complete  submission  in  judging  the  merits  of  the  case;
however,  the  majority  of  the  Board  agrees  with  the  opinions   and
recommendation of the Air Force  offices  of  primary  responsibility  and
adopts their  rationale  as  the  basis  for  their  conclusion  that  the
applicant has not been the victim of an error or injustice.  The  crux  of
the applicant's argument appears to be centered upon whether  or  not  the
commander acted inappropriately in ordering him to pick up  documentation,
make corrections and return the documents to his residence.  Evidence  has
not been provided which would lead the Board majority to believe that  the
commander's order and the subsequent  administrative  actions  taken  were
beyond his  scope  of  authority  or  that  he  abused  his  discretionary
authority in taking those actions.  The Board majority does not  find  his
assertions, in and by themselves, sufficiently persuasive in this  matter.
Additionally, the Board majority is not persuaded by the evidence provided
that the contested report is not a true and  accurate  assessment  of  his
behavior and demonstrated potential during the specified  time  period  or
that the comments contained in the report were in error or contrary to the
provisions of the governing instruction.  Therefore,  in  the  absence  of
persuasive  evidence  to  the  contrary,  the  Board  majority  finds   no
compelling  basis  to  recommend  granting  the  relief  sought  in   this
application.

________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient evidence of error or  injustice
and recommends the application be denied.

________________________________________________________________

The following members of the Board considered BC-2006-02235  in  Executive
Session on 31 January 2007, under the provisions of AFI 36-2603:

                 Mr. Michael J. Maglio, Panel Chair
                 Ms. Kathy L. Boockholdt, Member
                 Ms. Sharon B. Seymour, Member




By a majority vote, the Board voted to deny the request.  Ms Seymour voted
to correct the record and  submitted  a  minority  report.  The  following
documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 21 July 2006, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter AFPC/DPPPEP, dated 14 September 2006.
   Exhibit D.  Letter AFPC/DPSO, dated 17 November 2006.
   Exhibit E.  Letter, SAF/MRBR, dated 1 December 2006.
   Exhibit F.  Minority Report, dated 1 February 2007.


            MICHAEL J. MAGLIO
            Panel Chair
AFBCMR
1535 Command Dr, EE Wing, 3rd Flr
Andrews AFB, MD 20762-7002

XXXXXXX
XXXXXXX
XXXXXXX

XXXXXXX

      Your application to the Air Force Board for Correction of Military
Records, AFBCMR Docket Number 2006-02235, has been finalized.

      By a majority vote, the Board recommended that your application be
denied as set forth in the attached Record of Proceedings.  However, after
a careful review and consideration of all factors involved, the Director,
Air Force Review Boards Agency accepted the minority opinion and
determination that the military records should be corrected as set forth in
the attached copy of a Memorandum for the Chief of Staff, United States Air
Force.  The office responsible for making the correction will inform you
when your records have been changed.

      After correction, the records will be reviewed to determine if you
are entitled to any monetary benefits as a result of the correction of
records.  This determination is made by the Defense Finance and Accounting
Service (DFAS-DE), Denver, Colorado, and involves the assembly and careful
checking of finance records.  It may also be necessary for the DFAS-DE to
communicate directly with you to obtain additional information to ensure
the proper settlement of your claim.   Because of the number and complexity
of claims workload, you should expect some delay.  We assure you, however,
that every effort will be made to conclude this matter at the earliest
practical date.

                                                          Sincerely




                 GREGORY E. JOHNSON
                 Chief Examiner
                 Air Force Board for Correction
                 of Military Records


Attachments:
1.  Cy of Directive, w/Cy of Proceedings
2.  SAF/MRB Letter

cc:  DFAS-DE

AFBCMR BC-2006-02235





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 Unfavorable Information File, Letter of Reprimand,
and control roster actions+ initiated on 8 March 2005, be, and hereby
are, set aside and expunged from his records.

           b.  The Enlisted Performance Report (AB thru TSgt), AF Form 910,
rendered for the period 28 May 2004 through 27 May 2005 be, and hereby is,
declared void and removed from his records.

           c. It is further  directed  that  he  be  provided  supplemental
consideration for promotion to the grade of master sergeant  (E-7)  for  the
O5E7 cycle.





  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency










AFBCMR BC-2006-02235


MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
              FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFMBCMR Application of XXXXXXX, XXXXXXX

      I have carefully considered all the circumstances of this case and do
not agree with the majority members of the panel that the applicant’s
request should be denied.

      The majority of the panel is not convinced the contested Enlisted
Performance Report (EPR) was not prepared in good faith at the time it was
rendered or that the comments contained in the report were in error or
contrary to the provisions of the governing instruction.   In addition, the
majority of the panel is also not convinced the commander’s order and
subsequent administrative actions taken were beyond the scope of his
authority or that he abused his discretionary authority in taking those
actions.

      I do not necessarily agree with the minority member in that the
commander abused his discretionary authority.  I do agree; however, that
the commander overreacted to this minor incident and caused it to be blown
way out of proportion.  Therefore, I agree with the minority member of the
panel and adopt her rationale as the basis for my decision.  Accordingly, I
direct the LOR, control roster action and the EPR for the period 28 May
2004 through 27 May 2005, be removed from his records.




                                                                        JOE
G. LINEBERGER

Director
                                                                        Air
Force Review Boards Agency