RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-01057
            INDEX CODE:  111.05

            COUNSEL:  NONE
            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  6 OCTOBER 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Enlisted Performance Report (EPR) for the period 5  May  05  through  14
Feb 06 be voided and removed from his records.

Examiner’s Note:  The report actually covers the period 1 May 05 through  21
Feb 06.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His commanding officer  unjustly  submitted  an  evaluation  report  on  his
performance that placed undue emphasis on three isolated incidents  that  do
not correspond with  the  activities  that  occurred,  nor  did  the  report
provide an accurate assessment of his performance and abilities.

The three key sequences leading to his contested evaluation  report,  hinged
on a cleared IG complaint, an email request for  assistance  to  his  peers,
and an open Commander Directed Investigation (CDI) to determine  if  he  was
derelict in his duties for which he was exonerated.  As a  result  of  these
instances, he lost a highly prestigious award,  a  service  decoration,  all
opportunity for career advancement,  and  was  saddled  with  an  evaluation
report based on  the  aforementioned  actions.   He  is  a  First  Sergeant,
continually dedicated to the highest elements  of  loyalty,  integrity,  and
service to his Nation and his commanding officers.

He believes the actions and impact to his career are  irrevocable  and  that
even if his request was approved, it will still  likely  result  in  minimal
competitiveness amongst his peers.

In support of his request, applicant  provided  his  personal  statement,  a
copy of the contested EPR, an unsigned AF Form 1206, Nomination  for  Award,
copies of his  initial  and  midterm  performance  feedback  worksheets,  an
unsigned AF Form 1168,  Statement  of  Suspect/Witness/Complainant,  various
emails regarding dormitory washers and dryers, Letter of  Counseling  (LOC),
dated 17 Jan 05, w/response, copy of his outlook calendar,  email  regarding
request to hire a deputy first sergeant, copies  of  previous  EPRs,  and  a
copy of the ERAB decision on his appeal.

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  senior
master sergeant (E-8) with a date of rank of 1  Dec  03.   He  has  a  total
active federal military service date of 12 Jun 81 and a projected  date  for
voluntary retirement of 31 Oct 07.

Applicant’s performance profile follows:

      PERIOD ENDING                     OVERALL RATING

        15 Sep 97                            5
        15 Sep 98                            5
        15 Sep 99                            5
        11 Sep 00                            5
        12 Jul 01                            5
        12 Jul 02                            5
         9 May 03                            5
         9 May 04                            5
        30 Apr 05                            5
        21 Feb 06*                           5

*Contested Report

The applicant submitted an appeal to the  Evaluation  Reports  Appeal  Board
(ERAB) requesting the report be removed from his records;  however,  it  was
denied due to lack of supporting documentation.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPEP recommends denial.  They state since  an  evaluation  report  is
considered to represent the rating chain’s best judgment at the time  it  is
rendered and, once it is accepted for file,  only  strong  evidence  to  the
contrary warrants removal from  an  individual’s  records.   The  burden  of
proof is on the applicant, and unfortunately he has  not  substantiated  the
contested EPR was inaccurate or unjust as written.

The applicant refers to an Inspector General (IG)  complaint  for  abuse  of
power that was made on him by  an  enlisted  member  of  his  squadron.   No
documentation was provided with regard to the  IG  complaint.   A  Commander
Directed Investigation (CDI) was initiated by the MSG commander.  He  states
that he was exonerated of the allegation; however, although his  account  of
what happened seems  to  support  exoneration,  he  provided  no  supporting
evidence that he was in fact exonerated.

The applicant refers to a LOC he received for  negatively  interacting  with
the Staff  Judge  Advocate  (SJA).   His  response  to  the  LOC  thoroughly
explains what led up to the LOC.  Although the applicant’s account  of  what
happened leads them to believe that the situation was over  exaggerated,  he
provided no evidence to support it either way.

The applicant refers to an incident with a member in his squadron  regarding
an unprofessional relationship.  A seven-page summary was submitted  to  him
as the First Sergeant and he states that he  was  investigating  the  matter
further so he could give the commander the most  up-to-date  information  on
the situation.  Unfortunately, the commander found out about  the  statement
before the applicant had a chance to  brief  him,  and  that  the  applicant
believes that the commander thought he was withholding  information.   Since
it is normal for a First  Sergeant  to  investigate  all  the  facts  before
briefing a commander, his account leads them to believe that  the  situation
was over exaggerated.  Again however, he provided  no  evidence  to  support
his allegation.

The applicant references many individuals  throughout  his  appeal;  several
who could have possibly substantiated his alleged  injustice.   He  contends
that the commander used these three incidents  for  the  basis  of  his  EPR
which he views as having a negative career impact, but provided no  evidence
that the commander was in  fact  biased  or  coerced  or  that  he  unjustly
prepared the report.  Further, DPPPEP gave the applicant the opportunity  to
provide additional documentation, but he was unable to provide any.

The AFPC/DPPPEP evaluation is at Exhibit C.

AFPC/DPPPWB has deferred to AFPC/DPPPE recommendation regarding the  removal
of applicant’s EPR; however, they have addressed the supplemental  promotion
consideration issue should the Board grant his request.   DPPPE  states  the
first time the contested report would have normally been considered  in  the
promotion process was cycle 06E9 to CMSgt; however, the  applicant  rendered
himself ineligible for promotion consideration on 7 Aug 06  when  he  signed
an AF Form 1566, WAPS Test Verification,  refusing to test for  cycle  06E9.
Applicant should not  be  provided  supplemental  consideration  as  he  was
ineligible under AFI 36-2502, Table 1.1, Rule 8 (declined to test).

The AFPC/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  31
Aug 07 for review and comment within 30 days.  As of this date,  a  response
has not been received.

_________________________________________________________________

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 error or injustice.  After thoroughly  reviewing  the  evidence
of record, and the EPR in  question,  we  note  the  EPR  appears  to  be  a
complete deviation from his last several EPRs,  and  the  markdowns  on  his
performance uncharacteristic, judging from the other EPRs.  We understand  a
report is rendered to evaluate a member’s performance  during  a  particular
rating period, and is  considered  to  represent  the  rating  chain’s  best
judgment at that time.  However, we believe the drastic change in  his  duty
performance during this rating period could have possibly been caused  by  a
personality conflict between  the  member  and  his  rater.   That  said  we
believe any doubt should be resolved in  the  applicant’s  favor.   We  note
that the applicant has over 26 years of exemplary service in the Air  Force,
with over eight years as  a  First  Sergeant.   Additionally,  we  note  the
applicant has a projected retirement date of 31 Oct  07,  and  removing  his
EPR will have no affect on his military career.  Therefore,  to  remove  the
possibility of injustice the EPR may have on  applicant’s  future  prospects
outside the military, we believe the report should be  removed.   Therefore,
we recommend the records be corrected as indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS 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  1  May  2005
through 21 February 2006 be, and hereby is, declared void and  removed  from
his records.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2007-
01057 in Executive Session on 16 October 2007, under the provisions  of  AFI
36-2603:

      Mr. John B. Hennessey, Panel Chair
      Ms. Dee R. Reardon, Member
      Mr. Jeffery R. Shelton, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence pertaining to  Docket  Number        BC-2007-01057  was
considered:

     Exhibit A.  DD Form 149, dated 30 Mar 07, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPEP, dated 3 Aug 07.
     Exhibit D.  Letter, AFPC/DPPPWB, dated 31 May 07, w/atch.
     Exhibit E.  Letter, SAF/MRBR, dated 31 Aug 07.




                                   JOHN B. HENNESSEY
                                   Panel Chair

AFBCMR BC-2007-01057




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 [APPLICANT], be corrected to show that the Senior Enlisted
Performance Report (MSgt thru CMSgt), AF IMT 911, rendered for the period
1 May 2005 through 21 February 2006 be, and hereby is, declared void and
removed from his records.





            JOE G. LINEBERGER
            Director
                                              Air Force Review Boards
Agency