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AF | BCMR | CY2008 | BC-2007-02672
Original file (BC-2007-02672.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:            DOCKET NUMBER:  BC-2007-02672
                       INDEX CODE:  111.02
                       COUNSEL:  NONE
                       HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Enlisted Performance Report (EPR)  rendered  for  the  period  7 May  06
through 20 Nov 06 be removed from her records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She was not counseled on her shortcomings and she did  not  receive  midterm
feedback.  The negative comments on the report are vague and unfounded.

In support of her application, she provided a  copy  of  her  Joint  Service
Achievement Medal, copies of her EPRs, and a virtual MPF printout.

Her complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on active duty in  the  grade  of  senior
airman.

On 31 Jan 07, the applicant received a referral EPR for  the  period  ending
20 Nov 06.  She filed  an  appeal  under  the  provisions  of  AFI  36-2401,
Correcting Officer and Enlisted Evaluation Reports.  The Evaluation  Reports
Appeals Board (ERAB) denied her appeal because they were not  convinced  the
report was inaccurate as written.

The applicant’s performance report profile as a SrA reflects the following:

                 PERIOD ENDING               OVERALL EVALUATION

                       5 Jul 04                          5
                       6 May 05                          5
                       6 May 06                          5
                     *20 Nov 06                          4

* Contested Report

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDEP recommends the requested  relief  be  denied.   DPSIDEP  states
although the governing Air Force Instruction  requires  documented  feedback
sessions, they do not  replace  informal  day-to-day  feedback.   A  rater’s
failure to conduct a required or requested  feedback  session,  or  document
the session on  a  Performance  Feedback  Worksheet,  will  not  in  itself,
invalidate any  subsequent  performance  reports.   The  applicant  has  not
provided any evidence to support her contention of  not  receiving  feedback
or being counseled on her shortcomings.  It is  the  ratee’s  responsibility
to notify the rater, the rater’s rater, when required or requested  feedback
did not take place.  She has not shown what attempts she made to ensure  the
feedback was accomplished.   The  memorandum  she  provides  from  the  Area
Defense Counsel (ADC) addresses issues they felt were  inaccurate;  however,
DPSIDEP reviewed the report and determined the ADC  was  inaccurate  in  the
memorandum.  DPSIDEP  adds  that  an  evaluation  report  is  considered  to
represent the rating chain’s best judgment at  the  time  it  was  rendered.
Once a report is accepted for file, only strong  evidence  to  the  contrary
warrants removal of the report from the record.

The complete AFPC/DPSIDEP 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 30  Nov
07, for review and response within 30 days.  As of this  date,  no  response
has been received by this office.

_________________________________________________________________

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  an  injustice.   After  thoroughly  reviewing  the
evidence of record, we are not persuaded  that  relief  should  be  granted.
Applicant's contentions are duly  noted;  however,  we  do  not  find  these
assertions, in and by themselves, sufficiently persuasive  to  override  the
rationale provided by  the  Air  Force  office  of  primary  responsibility.
Therefore, we adopt the rationale expressed  as  basis  for  our  conclusion
that she has not been the victim of an error or injustice.  In  the  absence
of evidence to the contrary,  we  find  no  compelling  basis  to  recommend
granting the relief sought in this application.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2007-
02672 in Executive Session on 13 Feb 08, under the  provisions  of  AFI  36-
2603:

                 Mr. James W. Russell III, Panel Chair
                 Ms. Barbara J. Barger, Member
                 Mr. James L. Sommer, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 14 Aug 07 w/atchs.
      Exhibit B. Letter, AFPC/DPSIDEP, dated 25 Oct 07.
      Exhibit C. Letter, SAF/MRBR, dated 30 Nov 07.




                       JAMES W. RUSSELL III
                       Panel Chair

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