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AF | BCMR | CY2007 | BC-2007-00620
Original file (BC-2007-00620.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                 DOCKET NUMBER:  BC-2007-00620
                                  INDEX CODE:  111.02
  XXXXXXXXXXXXXXXXX               COUNSEL:  NONE

                                  HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  1 September 2008


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Enlisted Performance Report (EPR) rendered for  the  period  12 February
2003 through 11 February 2004 be changed from a promotion recommendation  of
“4” (Ready) to “5” (Immediate Promotion).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His supervisor told him that if he continued to do well, he would receive  a
“5” rating on his EPR.  The rating of “4” received is unjust because he  did
what he was told; he never received a Letter  of  Counseling  or  Letter  of
Reprimand; his work was always completed on time;  he  was  never  late  for
work or appointments; and he volunteered to help off duty organizations.

In support of his request, the applicant submits a  copy  of  the  contested
EPR.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on active duty in  the  grade  of  senior
airman (E-4) with a date of rank of 15 March 2003.  He has  a  total  active
military service date of 15 March 2000 and a projected  date  of  separation
of 18 March 2009.

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

      PERIOD ENDING          PROMOTION RECOMMENDATION

    11 Feb 02                     4
    11 Feb 03                     4
    11 Feb 04*                    4
    11 Feb 05                     5
    11 Feb 06                     5
    11 Feb 07                     5

* Contested report

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPEP recommends denial of the applicant’s request to change his  EPR.
 DPPPEP states the contested EPR was completed  in  direct  compliance  with
current regulation.  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.

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.

The AFPC/DPPPEP evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on  4  May
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 an error or an injustice.  We took notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinion and recommendation of  the  Air  Force  office  of  primary
responsibility and adopt their rationale as the  basis  for  our  conclusion
that the applicant has not  been  the  victim  of  an  error  or  injustice.
Therefore,  in  the  absence  of  evidence  to  the  contrary,  we  find  no
compelling  basis  to  recommend  granting  the  relief   sought   in   this
application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of material error  or  injustice;  that  the  application  was
denied without a personal appearance; and that the application will only  be
reconsidered upon the submission of newly discovered relevant  evidence  not
considered with this application.

_________________________________________________________________

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

                 Ms. B. J. White-Olson, Panel Chair
                 Ms. Mary C. Puckett, Member
                 Ms. Patricia R. Collins, Member

The following documentary evidence for AFBCMR  Docket  Number  BC-2007-00620
was considered:

      Exhibit A.  DD Form 149, dated 28 Jan 07, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, SAF/DPPPEP, dated 11 Apr 07.
      Exhibit D.  Letter, SAF/MRBR, dated 4 May 07.




                                  B. J. WHITE-OLSON
                                                   Panel Chair

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