RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                 DOCKET NUMBER:  BC-2006-03969
                                  INDEX CODE:  111.02
  XXXXXXXXXXXXXXXXXXXX       COUNSEL:  NONE

                                  HEARING DESIRED:  YES


MANDATORY CASE COMPLETION DATE:  1 July 2008


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her Enlisted Performance Report (EPR) rendered  for  the  period  15 January
2004 through 14 January 2005 be expunged from her records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her EPR closing 14 January 2005 was closed out at a lower level  indorsement
based on an alleged action and  ongoing  investigation.   The  investigation
should  never  have  been  considered  in  accordance  with   AFI   36-2406,
paragraphs 3.7.5 and 3.7.7.  After removal of the punishment as a result  of
the investigation, her senior rater told  her  that  her  records  would  be
corrected.  Both her supervisor and rater’s  rater  reaccomplished  her  EPR
for  resubmission  because  the  reason  for  capping  her  senior   rater’s
indorsement on the EPR was the punishment issued as a result of the  ongoing
investigation and her alleged involvement.

In support of her request, the applicant submitted copies of an  excerpt  of
AFI 36-2406; AFPC/DPMM memorandum dated 11 April 2006; Air Force  Board  for
Correction of Military Records (AFBCMR) letter dated 16 December  2005;  two
Air Force Review Boards  Agency  (AFRBA)  letters  dated  16 December  2005;
Evaluation Reports Appeal Board (ERAB) Decision;  proposed  EPR  closing  14
January 2005; contested EPR closing 14  January  2005;  Meritorious  Service
Medal documents; and EPR closing 14 January 2006 and 14 January 2004.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on active duty in  the  grade  of  master
sergeant (E-7) with a date of rank of 1 May 2001.  She has  a  total  active
military service date of 13 August 1985 and a projected date  of  separation
of 11 August 2008.

The following is a resume of the applicant’s EPR profile:

      PERIOD ENDING          PROMOTION RECOMMENDATION

    30 Mar 98(TSGT)                     5
    15 Nov 98                     5
    15 Jun 99                     5
    15 Jun 00                     5
    12 Apr 01                     5
    12 Apr 02(MSgt)                     5
    12 Apr 03                     5
    14 Jan 04                     5
    14 Jan 05*                    5
    14 Jan 06                     5

* Contested report

On 16 December 2005, the Board expunged a  Letter  of  Reprimand  (LOR)  and
Unfavorable Information File (UIF) from the applicant record.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPEP recommends denial of the applicant’s request to  void  her  EPR.
DPPPEP states the contested EPR does not contain any comments regarding  the
on-going  investigation  or  information  regarding  the  LOR  or  UIF.   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.   The
applicant has not substantiated the contested report  was  not  rendered  in
good faith by all evaluators based on knowledge available at the time.   The
applicant failed to provide supporting documentation from the senior  rater.
 In the absence of information  from  the  senior  rater,  DPPPEP  can  only
assume the senior rater does not support the  applicant’s  request  to  void
the report.  In fact, a senior rater can not  mandate  a  correction  to  an
evaluation that has been made a matter of record, only the  ERAB  or  AFBCMR
have that authority.

DPPPEP states to effectively challenge an EPR, it is important to hear  from
all the evaluators on the contested report — not only for support, but  also
for  clarification/explanation.   In  the  absence   of   information   from
evaluators,  official  substantiation  of  error  or  injustice   from   the
Inspector General or Military Equal  opportunity  is  appropriate,  but  not
provided in this case.  It appears the report  was  accomplished  in  direct
accordance with applicable  regulations.   DPPPEP  requested  the  applicant
provide  a  substitute  report  and   explanation/clarification   from   the
evaluators and senior rater; however, the  applicant  requested  examination
of her case without the requested information.

The AFPC/DPPPEP evaluation is at Exhibit C.

DPPPWB defers to the decision of  DPPPEP  for  removal  of  the  applicant’s
contested EPR.  DPPPWB states the first  time  the  contested  report  would
have been used in  the  promotion  process  was  cycle  06E8;  however,  the
applicant rendered herself ineligible for promotion consideration  when  she
made a conscious decision to sign an AF Form 1566, WAPS  Test  Verification,
declining to test  for  cycle  06E8.   She  also  signed  an  AF  Form  1566
declining to test for cycle 07E8.  The next time the contested  report  will
be used in the promotion process is cycle 08E8.  Should the Board grant  the
applicant’s  request  to  remove  the  contested  report,  no   supplemental
consideration will be necessary, as there is sufficient time to  update  the
promotion file prior to the 08E8 Senior Non-Commissioned Officer  Evaluation
Board.

The DPPPWB evaluation, with attachment, is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  20
April 2007 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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an injustice.  After a  thorough  review  of  the  evidence  of
record, we are sufficiently persuaded  that  relief  is  warranted  in  this
case.  We note the previous Board granted the applicant’s requests  to  void
and remove her LOR, UIF and all references to them from her records.   While
the contested EPR does not make references to either the  LOR  or  UIF,  the
fact the EPR for this period does not contain an senior  rater  endorsement,
as does her previous and subsequent EPRs, leads us to  believe  its  absence
was due to the same issues that led to her LOR and UIF.   Therefore,  in  an
effort to offset any possibility  of  an  injustice  to  the  applicant,  we
recommend the records be corrected to the extent indicated below.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to  show  that  the  Senior  Enlisted  Performance
Report (MSGT thru CMSGT), AF IMT 911, rendered for  the  period  15  January
2004 through 14 January 2005 be, and hereby is, declared  void  and  removed
from her records.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 28 June 2007, under the provisions of AFI 36-2603:

            Ms. XXXXXXXXXXXXXXXXXX, Panel Chair
            Ms. XXXXXXXXXXXXXXXXXX, Member
            Ms. XXXXXXXXXXXXXXXXXX, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence for AFBCMR Docket Number BC-2006-03969 was considered:

      Exhibit A.  DD Form 149, dated 14 Dec 06, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/ DPPPEP, dated 16 Feb 07.
      Exhibit D.  Letter, AFPC/ DPPPWB, dated 23 Feb 07.
      Exhibit D.  Letter, SAF/MRBR, dated 20 Apr 07.




                                                   XXXXXXXXXXXXXXXXXX
                                                   Panel Chair


AFBCMR BC-2006-03969




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 XXXXXXXXXXXXXXXXXXXXXXXX, be corrected to show that the Senior
Enlisted Performance Report (MSGT thru CMSGT), AF IMT 911, rendered for the
period 15 January 2004 through 14 January 2005 be, and hereby is, declared
void and removed from her records.




                                        XXXXXXXXXXXXXXXXXXX
                                        Director
                                        Air Force Review Boards Agency