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AF | BCMR | CY2007 | BC-2007-01654
Original file (BC-2007-01654.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01654
            INDEX CODE:  111.05

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Enlisted Performance Report rendered for  the  period  2 September  2006
through 22 February 2007 be declared void and removed from his record.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was treated unfairly during the  contested  time  period  by  his  rater.
There were AFI and  DoD  regulation  violations  and  he  believes  his  EPR
suffered as a result.

In support of his request, the applicant  provided  documentation  extracted
from his military personnel records.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the grade  of
staff sergeant having assumed that grade effective and with a date  of  rank
of 1 April 2003.

The applicant did not appeal the contested report under  the  provisions  of
AFI 36-2401; however, it was forwarded  to  the  Evaluation  Reports  Appeal
Board (ERAB) for review and denial was recommended because the  his  request
was based on personal opinions and unsupported allegations.

His EPR profile since 2002 reflects the following:

      PERIOD ENDING    EVALUATION OF POTENTIAL

            19 Oct 02        4
            19 Oct 03        5
            19 Oct 04        5
            19 Oct 05        5
            01 Sep 06        5
      *  22 Feb 07           4

* Contested report.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPEP recommends  denial.   DPPPEP  states  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 removal of the report from the  applicant’s  record.   The
burden of proof is on the applicant and he failed to provide  substantiating
evidence that warrants voiding his EPR.

DPPPEP’s complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 13 July 2007, the evaluation was forwarded to the  applicant  for  review
and comment within 30 days (Exhibit D).  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 injustice.  After reviewing the evidence  provided,
we are not persuaded that the contested report is erroneous or  unjust.   In
the  rating  process,  each  evaluator  is  required  to  assess  a  ratee’s
performance, honestly and to the best of  their  ability.   In  judging  the
merits of this case, we took note of the applicant’s  contentions;  however,
other than his own assertion, we have seen  no  evidence  by  the  applicant
which  would  lead  us  to  believe  the  rater  abused  his   discretionary
authority, that the rating was based  on  inappropriate  considerations,  or
that the report was  technically  flawed.   Therefore,  in  the  absence  of
evidence to the contrary, we find no compelling basis to recommend  granting
the relief sought.

_________________________________________________________________



THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or injustice; the application  was  denied  without  a
personal appearance; and 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 AFBCMR Docket Number  BC-2007-
01654 in Executive Session on 27 November 2007, under the provisions of  AFI
36-2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Ms. Debra K. Walker, Member
                 Mr. Kurt R. LaFrance, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 16 May 2007, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPEP, dated 6 July 2007.
   Exhibit D.  Letter, SAF/MRBR, dated 13 July 2007.
   Exhibit E.  IG Complaint Analysis – Withdrawn.




                       THOMAS S. MARKIEWICZ
                       Chair


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