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AF | BCMR | CY2008 | BC-2005-02368-2
Original file (BC-2005-02368-2.doc) Auto-classification: Denied

ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02368
            INDEX CODE:  111.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His AF Form 911, Senior  Enlisted  Performance  Report,  (MSGT  thru  CMSGT)
(EPR) for the period of 17 Apr 2003 to 16 Apr  2004  be  voided  and  he  be
granted supplemental promotion consideration to the grade of  Senior  Master
Sergeant (SMSgt) for all appropriate cycles over the last three years.

_________________________________________________________________

RESUME OF CASE:

In his initial application, the  applicant  requested  the  subject  EPR  be
reviewed and reconsidered for Senior Rater Endorsement.  He stated  that  he
far exceeded the requirements  for  the  requested  endorsement  as  he  had
received his Community College of the Air  Force  (CCAF)  degree,  completed
his Course 5 before pinning on MSgt, excelled in all aspects  of  his  daily
duties, and was  very  active  within  the  base  (assuming  key  leadership
positions).  He  was  awarded  the  Meritorious  Service  Medal  (MSM)  upon
completing his two-year commitment, which by Air Force  instructions  is  an
award given only to those members who far exceed normal AF standards.

On 9 Mar 06, the Board considered and denied his request after finding  that
he had not provided the evidence necessary to substantiate the  value  of  a
senior rater endorsement (Exhibit F).  In  addition,  an  Inspector  General
(IG) complaint filed by the applicant revealed no wrongdoing,  violation  of
regulation, or violation of law.

For  an  accounting  of  the  facts  and   circumstances   surrounding   the
applicant’s request and the rationale of the earlier decision by the  Board,
see the Record of Proceedings at Exhibit F.

The applicant  now  contends  reprisal  was  the  only  factor  in  his  not
receiving Senior Rater Endorsement.  He alleges that Chief  W  utilized  his
position to influence a decision not to grant him senior  rater  endorsement
due to personal reasons and not on the merits of his  performance.   He  had
no  derogatory  information  in  his  personnel  information  file,  or  any
negative performance feedback to justify the decision.

In support of his latest request, he submits a letter from  the  predecessor
of his  former  Command  Chief  in  support  of  his  appeal,  his  personal
statement,  the  contested   report,   Performance/EPR   Facts/Discrepancies
information sheet, his personal statement, excerpted  page  52  of  AFI  36-
2406, Officer and Enlisted Evaluations Systems), MSM  award,  last  six  (6)
EPRs, personnel  information  sheet,  and  AF  IMT  102,  Inspector  General
Personal and Fraud, Waste & Abuse Complaint Registration.

His complete submission, with attachments, is at Exhibit G.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

After a careful reconsideration of the  applicant's  request  and  his  most
recent submission, we do not find it sufficiently compelling  to  warrant  a
revision of our earlier determination in this case. We  note  the  statement
provided by a previous command chief in support of the  applicant’s  appeal.
However, his statement  appears  to  be  based  primarily  on  his  personal
opinion that the applicant should have received a senior rater  endorsement.
 Notably absent is sufficient evidence to show that the commander’s  action,
whose ultimate decision it was, was arbitrary  and  capricious  or  that  he
exceeded his discretionary authority by  not  sending  the  applicant’s  EPR
forward for endorsement.    Although  the  applicant  appears  to  view  the
requested relief as righting an injustice perpetrated  against  him  by  his
command chief, we are obliged to note that the command chief was only  in  a
position  to  recommend  an  action,  but  the  final   decision   was   his
commander’s.  Given the commander’s validation of that  decision,  we  again
find no compelling basis to grant the requested relief.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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 10 July 2008, under the provisions of AFI 36-2603:

            Ms. Charlene M. Bradley, Panel Chair
            Ms. Josephine L. Davis, Member
            Mr. Joseph D. Yount, Member

The following documentary evidence was considered in  AFBCMR  Docket  Number
BC-2005-02368:

      Exhibit F. Record of Proceedings, dated 17 Mar 06, w/atchs.
      Exhibit G.  DD 149, dated 12 Mar 08, w/atchs.




                                  CHARLENE M. BRADLEY
                                  Panel Chair

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