RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-01970
                                        INDEX CODE:  111.02
  XXXXXXXXXXXXXXXXX                     COUNSEL:  NONE

                                        HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  23 December 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Enlisted Performance Report (EPR) rendered  for  the  period  8 December
2003 through 15 June 2004 be voided and removed  from  his  records  or  the
promotion recommendation be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The feedback date is incorrect; the feedback does not support the mark  down
ratings; the mark down in leadership  is  not  supported  by  the  quote  in
Section V from the 5 BW/CV; pen and ink changes were made to the  EPR  after
the close-out date; and the performance evaluation and rater’s comments  are
contradictory.

In support of his request, the applicant submits copies of his EPRs  closing
15 June 2004 and 7 December  2003,  and  his  27  January  2004  Performance
Feedback Worksheet.

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

_________________________________________________________________

STATEMENT OF FACTS:

According to the Military Personnel Data System (MilPDS)  the  applicant  is
currently serving on active duty in the rank  of  technical  sergeant  (E-6)
with a date of rank of 1 May 2007.  He has a Total Active  Federal  Military
Service Date of 8 April 1998 and a projected date of separation  of  2  July
2008.

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

      PERIOD ENDING          PROMOTION RECOMMENDATION

     7 Dec 99 (A1C)                     5
     7 Dec 00 (SrA)                     5
     7 Dec 01                     5
     7 Dec 02 (SSgt)                    5
     7 Dec 03                     5
    15 Jun 04*                    4
    30 Apr 05                     5
    30 Apr 06                     5
    30 Apr 07                     5

* Contested report

As a result of the ERAB decision on 6  July  2007,  AFPC/DPPPE  changed  the
applicant’s feedback date in Section V of the contested  report  to  reflect
27 January 2004 versus 7 December 2003.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPEP recommends denial of the applicant’s request to void his EPR  or
change the promotion recommendation.  DPPPEP states the applicant’s  request
was forwarded to the Evaluation Report  Appeals  Board  (ERAB)  for  review.
The ERAB changed the feedback date to 27 January 2004,  but  denied  voiding
the report or changing the promotion recommendation.  With the exception  of
the feedback date, the applicant’s request is prohibited in accordance  with
Air Force Instruction 36-2401, paragraph  1.3.1  and  paragraph  1.3.4.   An
incorrect feedback date and administrative  corrections  to  an  evaluator’s
signature date after the close-out date of the report are not  grounds  for,
nor  warrant  voiding  an  EPR.    These   are   authorized   administrative
corrections.   The  applicant  contends  comments  made  on  his   EPR   are
inconsistent with the assigned ratings; however, ratings are  not  erroneous
or  unjust  because  the  applicant  believes  they  are   inconsistent   or
contradictory to the  comments.   An  evaluation  report  is  considered  to
represent the rating chain’s  best  judgment  at  the  time  the  report  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  or   changing   the   promotion
recommendation.

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  27
July 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 probable error or injustice warranting favorable  consideration
of the applicant’s request to void the contested report and remove  it  from
his records or as an alternative, the promotion recommendation  be  changed.
We note the applicant’s assertions;  however,  with  the  exception  of  the
feedback date, we find no persuasive documentation was provided  to  support
these contentions.  Concerning the feedback date on the  contested  EPR,  we
note that AFPC administratively  corrected  the  applicant’s  feedback  date
from 7 December 2003 to correctly reflect 27 January 2004.  In view  of  the
above and in the absence of evidence showing  the  contested  report  is  an
inaccurate depiction of his performance during  the  evaluation  period,  we
agree with the opinion  and  recommendation  of  the  Air  Force  office  of
primary responsibility.  Accordingly, his request to void his EPR or  change
the promotion recommendation is not favorably considered.

_________________________________________________________________

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 24 October 2007, under the provisions of AFI 36-2603:

            Mr. Michael V. Barbino, Panel Chair
            Mr. James A. Wolffe, Member
            Ms. Lea Gallogly, Member


The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2007-01970:

      Exhibit A.  DD Form 149, dated 14 Jun 07, w/atch.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPPEP, dated 9 Jul 07.
      Exhibit D.  Letter, SAF/MRBR, dated 27 Jul 07.




                                  MICHAEL V. BARBINO
                                                   Panel Chair