RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03533
            INDEX CODE:  111.05

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  19 May 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  The Enlisted Performance Report (EPR) closing out  on  9 September  2004
be declared void and removed from his record.

2.  He receive supplemental promotion consideration to the  grade  of  chief
master sergeant for 2005E9 and 2006E9 cycles.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The actions taken against him were unfair and unjust.

In  support  of  the  appeal,  applicant  submits  numerous  documents
pertaining to the incident in Niger, Africa.

Applicant's complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the  grade
of senior master sergeant.

The applicant filed an appeal under AFI 36-2401, Correcting  Officer  and
Enlisted Evaluation Reports, which was denied by  the  Evaluation  Report
Appeals Board (ERAB).

The applicant’s EPR profile reflects the following:







    PERIOD ENDING                  EVALUATION OF POTENTIAL

            5 Jun 06               5
           26 Jul 05               5
           *9 Sep 04               3
           25 Sep 03               5
           25 Sep 02               5
            2 Jan 02               5
           18 Apr 01               5
           18 Apr 00               5
           18 Apr 99               5
           18 Apr 98               5
           18 Apr 97               5

    * Contested Report

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPEP  recommends  denial.   DPPPEP   states   apparently,   the
applicant made excuses for his behavior then, and is  still  convinced
he did nothing wrong.  The fact is,  the  applicant  was  expected  to
maintain standards of conduct and responsibility at least as stringent
as the rest of  the  airman.   The  applicant  was  disrespectful  and
disorderly; a point  not  in  contention,  and  this  impropriety  was
appropriately reflected in his EPR.

A complete copy of the evaluation is at Exhibit C.

AFPC/DPPPWB defers to the recommendation of DPPPEP.  DPPPWB states the
policy  regarding  the  approval  of   SNCO   supplemental   promotion
consideration regarding an EPR, is in  accordance  with  AFI  36-2502,
Airman promotion Program, Table 2.5,  dated  20  August  2001  and  HQ
AFPC/DPP  081945Z  Nov  00  Message,  effective   22   October   2000.
Supplemental promotion consideration  is  granted  on  a  case-by-case
basis for reasons listed in table 2.5.  A member will not normally  be
granted supplemental consideration if the error or  omission  appeared
on his/her Data Verification Record (DVR) or  in  the  Unit  Personnel
Record Group (UPRG) and the individual did not  take  the  appropriate
corrective or follow up action before the original board convened.

A copy of the evaluation s at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states  he  reviewed  the  information  offered  by  the
advisory does  not  agree  with  AFPC/DPPPEP’s  position  or  opinion.
Therefore, he appeals  to  the  Air  Force  Board  for  Correction  of
Military Records panel to take a close look  at  his  application  for
correction  in  its  entirety.   He  is  confident  they   will   find
significant and compelling evidence of a series of errors,  injustices
and unfair actions which resulted in the unjust  EPR,  and  they  will
find sufficient justification to remove the unjust EPR from his record
and grant him supplemental promotion consideration  for  promotion  to
Chief Master Sergeant for the 2005E9 and 2006E9 promotion cycles.

A copy of the Applicant’s response, with attachments, is at Exhibit F.

Applicant’s current commander provided a letter dated 11 February 2007
saying he highly recommends removal of the Enlisted Performance Report
for the period 23 September 2003 to 9 September 2004.

A copy of the commander’s letter is at Exhibit G.

_________________________________________________________________

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 reviewing the evidence  of
record, we believe the contested report is not an accurate  assessment
of the applicant’s duty performance during the period in question.  In
this respect, we note the apparent inconsistency between the contested
report and the applicant’s prior and subsequent duty performance,  and
the inconsistency in the comments of the evaluators and the rating the
applicant was given.  In view of the foregoing, and in  an  effort  to
offset any possibility of an injustice, we believe the  contested  EPR
should be declared void and removed from his records.  In addition, we
recommend he be provided supplemental promotion consideration for  all
appropriate cycles, beginning with 05E9.

________________________________________________________________

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, AF Form 911, rendered for the period 26  September
through 9 September 2004,  be  declared  void  and  removed  from  his
records.

It  is  further  recommended  that  he   be   provided   supplemental
consideration for promotion to the grade of chief master sergeant for
all appropriate cycles beginning with cycle 05E9.

If  AFPC  discovers  any  adverse  factors  during  or  subsequent  to
supplemental consideration that are separate and apart, and  unrelated
to the issues involved in this application, that would  have  rendered
the applicant ineligible for the promotion, such information  will  be
documented and presented to the Board for a final determination on the
individual’s qualifications for the promotion.

If supplemental promotion consideration results in the selection  for
promotion to the higher grade, immediately after such promotion,  the
records shall be corrected to show that he was promoted to the higher
grade on the date of rank established by the  supplemental  promotion
and that he is entitled to all pay, allowances, and benefits of  such
grade as of that date.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 14 March 2007, under the provisions  of  AFI  36-
2603:

                  Ms. Patricia J. Zarodkiewicz, Vice Chair
                  Mr. Richard K. Hartley, Member
                  Mr. Garry G. Sauner, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 28 Oct 06, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPEP, dated 14 Dec 06.
   Exhibit D.  Letter, AFPC/DPPPWB, dated 15 Dec 06.
   Exhibit E.  Letter, SAF/MRBR, dated 12 Jan 07.
   Exhibit F.  Applicant’s Response, dated 8 Feb 07.
   Exhibit G.  Commander’s Statement, dated 11 Feb 07.




                                   PATRICIA J. ZARODKIEWICZ
                                   Vice Chair








AFBCMR BC-2006-03533





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, AF Form 911, rendered for the period 26
September through 9 September 2004, be, and hereby is, declared void
and removed from his records.

         It is further recommended that he be  provided  supplemental
consideration for promotion to the grade of chief master sergeant for
all appropriate cycles, beginning with cycle 05E9.

       If AFPC discovers any adverse factors during or  subsequent  to
supplemental consideration that are separate and apart, and  unrelated
to the issues involved in this application, that would  have  rendered
the applicant ineligible for the promotion, such information  will  be
documented and presented to the Board for a final determination on the
individual’s qualifications for the promotion.

         If  supplemental  promotion  consideration  results  in  the
selection for promotion to the higher grade, immediately  after  such
promotion, the records  shall  be  corrected  to  show  that  he  was
promoted to the higher grade on the date of rank established  by  the
supplemental  promotion  and  that  he  is  entitled  to   all   pay,
allowances, and benefits of such grade as of that date.





                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency