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AF | BCMR | CY2007 | BC-2007-00240
Original file (BC-2007-00240.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00240
            INDEX CODE:  111.02

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Enlisted Performance Report (EPR) for the period  4  January  2004
through 6 October 2004 be removed from her record.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The report is unjust due to a personality conflict between herself and
her rater.  The personality conflict hindered her rater’s  ability  to
evaluate her performance fairly.  She requested to be removed from her
rater’s supervision through her chain of command but was instructed to
give her rater a chance to be a fair evaluator.  She does not  believe
her rater attempted to be fair.

In support of her  appeal,  the  applicant  has  provided  a  personal
statement and copies of several statements  of  support,  the  EPR  in
question and previous EPR’s.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the regular Air Force on 1 June 1987.   She  has
been progressively promoted to the grade of technical sergeant with  a
date of rank (DOR) of 1 September 2003.   She  retired  from  the  Air
Force on 1 August 2007 after having served for 20 years and 2 months.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPEP recommends denial.  DPPPEP  states  disagreements  in  the
work place are not unusual and do not necessarily substantiate that an
evaluator cannot be objective.  Subordinates are required to abide  by
their superior’s decisions.  If  there  were  a  personality  conflict
between the applicant and her rater, of such magnitude that the  rater
could not be objective, DPPPEP believes  the  additional  rater  would
have known about it since the ratee indicates the rater and additional
rater were  assigned  to  the  same  location.   DPPPEP  believes  the
endorser (rater’s rater) would have made any necessary adjustments  to
the applicant’s EPR if he had felt it necessary.   The  applicant  has
not provided specific instances based on firsthand  observation  which
would substantiate the relationship between  her  and  her  rater  was
strained to the point an objective  evaluation  was  impossible.   The
letters of support and other  extraneous  documents  provided  by  the
applicant are not germane to the report  in  question.   None  of  the
testimonials state the evaluators could  not  be  objective  in  their
assessment  of  the  applicant’s  duty  performance.   Nor  is  DPPPEP
convinced of  their  ability  to  accurately  assess  her  performance
considering they were not the individuals charged with performing  the
evaluation.  Air Force policy is that an  evaluation  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.   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 - appropriate but
not provided in this case  -  it  therefore  appears  the  report  was
accomplished in direct accordance with the applicable regulations.

DPPPEP’s complete evaluation is at Exhibit B.

AFPC/DPPPWB indicates  based  on  the  applicant’s  DOR  to  technical
sergeant (TSgt), the first time the contested report was used  in  the
promotion process was cycle 06E7 to master  sergeant  (MSgt).   Should
the AFBCMR remove the  report  as  requested  and  she  is  considered
otherwise eligible she would be entitled to supplemental consideration
beginning with cycle  06E7.   Even  so,  her  total  score  would  not
increase sufficiently to meet the promotion cutoff score required  for
selection.  Her total score was 277.35  and  the  score  required  for
selection in her Air Force Specialty (AFS) was 332.65.   Removing  the
contested EPR would only increase her weighted score by 6.08 points.

DPPPWB’s complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
13 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.  Insufficient relevant evidence has been presented  to  demonstrate
the  existence  of  error  or  injustice.   We  took  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.
Therefore, in the absence of evidence to the contrary, the majority of
the Board 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 AFBCMR Docket Number BC-
2007-00240 in  Executive  Session  on  5  September  2007,  under  the
provisions of AFI 36-2603:

      Mr. James W. Russell III, Panel Chair
      Ms. Jan Mulligan, Member
      Ms. Glenda H. Scheiner, Member

By a majority vote, the Board voted to deny the request.  Ms. Mulligan
voted to correct the record but does not wish to submit a minority
report.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 Jan 07, w/atchs.
    Exhibit B.  Letter, AFPC/DPPPEP, dated 28 Feb 07.
    Exhibit C.  Letter, AFPC/DPPPWB, dated 9 Mar 07.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Apr 07.




                                   JAMES W. RUSSELL III
                                   Panel Chair

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