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AF | BCMR | CY2007 | BC-2006-02724
Original file (BC-2006-02724.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02724
                       INDEX CODE:  111.02

                       COUNSEL:  NONE

                       HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  13 MAY 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Enlisted Performance Report (EPR) rendered for the period  29 July
2004 through 28 July 2005 be upgraded or removed from his records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The report in question was accomplished with information that occurred
outside of the rating period.

In support  of  his  application,  applicant  provided  a  memorandum,
Performance  Report  Information,  E-mails,  AF  Forms  1297,  and   a
Deployment Packing List.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on active  duty  in  the  grade  of
staff sergeant (SSgt).

On 18 August 2005, the applicant  received  a  referral  EPR  for  the
period ending 28 July 2005.  The applicant  did  not  file  an  appeal
under the provisions of AFI 36-2401, Correcting Officer  and  Enlisted
Evaluation Reports (ERAB).

The applicant’s performance report profile  as  a  SSgt  reflects  the
following:

                 PERIOD ENDING               OVERALL EVALUATION

                      28 Jul 02                          4
                      29 Jul 03                          4
                      29 Jul 04                          4
                     *28 Jul 05                          3
                      28 Jul 06                          4

* Contested Report/Referral Report

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPEP recommends the requested relief be denied.  They state the
applicant has failed to  provide  supporting  evidence  to  prove  the
report was inaccurate.  The applicant contends  his  report  contained
information  that  did  not  occur  during  the  rating  period.   The
applicant received a referral report based  on  a  derogatory  comment
“Mismanagement of accounts rendered three separate reports of  surveys
costing over $49k in lost equipment.”  The documentation the applicant
provided shows that the initial actions  began  two-three  years  ago.
However, the e-mail traffic reflects the report of surveys  did  occur
during  the  rating  period.   The  Air  Force  Instruction   36-2406,
paragraph 3.7.6 states do not include comments regarding events  which
occurred in  a  previous  reporting  period,  unless  the  events  add
significantly  to  the  evaluation  report,  were  not  known  to  and
considered  by  the  previous  evaluators,  and  were  not  previously
reflected in an evaluation report.

Air Force policy is that an evaluation report is accurate  as  written
when  it  becomes  a  matter  of  record.   They  further  state,   to
effectively challenge an EPR, it is imperative to hear  from  all  the
members of the rating  chain--not  only  for  support,  but  also  for
clarification and explanation.  The applicant  has  not  provided  any
information or documented support  from  his  rating  chain.   In  the
absence of information from evaluators, official substantiation of  an
error or an injustice from the  Inspector  General  (IG)  or  Military
Equal Opportunity is appropriate, but has not been provided  with  his
case.

Furthermore, statements from evaluators during  the  contested  period
are conspicuously absent.  In  order  to  successfully  challenge  the
validity of an evaluation report, it is important  to  here  from  the
evaluators—not   necessarily   for   support,   but   at   least   for
clarification/explanation.  The applicant has not  provided  any  such
documentation.  Without benefit of these  statements,  they  can  only
conclude the report is accurate as written.

A complete copy of the AFPC/DPPPEP evaluation is attached  at  Exhibit
C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 5
January 2007, for review and response.  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 not timely filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of an error or an  injustice.   Applicant’s  contentions
are duly noted; however, we do not find  his  assertions,  in  and  by
themselves, sufficiently persuasive to override the rationale provided
by the appropriate office of the Air Force.   The  applicant  contends
his report for the period ending 28 July 2005  was  accomplished  with
information that did not occur during the rating period.   The  e-mail
documentation the  applicant  provided  shows  the  report  of  survey
actions occurred during the reporting period.  Furthermore, Air  Force
policy is that an evaluation report is accurate  as  written  when  it
becomes a matter  of  record.   The  applicant  did  not  provide  any
evidence as to why the report is not an  accurate  reflection  of  his
performance.  Nor has he provided any documentation  from  his  rating
chain in support of his request.  In view of the foregoing, the  Board
majority finds  no  compelling  basis  upon  which  to  recommend  the
requested relief.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2006-02724 in Executive Session on 1 March 2007, under the  provisions
of AFI 36-2603:

                 Mr. Laurence M. Groner, Chair
                 Mr. Alan A. Blomgren, Member
                 Ms. Kathleen B. O’Sullivan, Member

The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2006-02724 was considered:

      Exhibit A. DD Form 149, dated 15 Aug 06 w/atchs.
      Exhibit B. Applicant's Enlisted Performance Reports.
      Exhibit C. Letter, AFPC/DPPPEP, dated 15 Dec 06.
      Exhibit D. Letter, SAF/MRBR, dated 5 Jan 07.




                       LAURENCE M. GRONER
                       Panel Chair

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