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AF | BCMR | CY2008 | BC-2008-00675
Original file (BC-2008-00675.DOC) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-00675
            INDEX CODE:  111.02

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Enlisted Performance Report (EPR) rendered for the  period  22 Oct
06 through 16 Oct 07 be declared void and removed from his records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His rater purposely, willfully, and blatantly abused him verbally  and
wrongfully counseled him on numerous occasions.  She  accused  him  of
being a liar upon hearsay, used profanity, and would not allow him the
opportunity to discuss the facts.  As a new cross-trainee, he was told
that there was not enough support to help train him in his job.   When
he asked for  assistance,  he  was  advised  to  read  the  Air  Force
instruction.

In support of his appeal, the applicant provides an expanded statement
and supportive statements.

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

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates
that the applicant is currently serving on active duty in the grade of
technical sergeant, with a date of rank (DOR) of 1 Aug 03.  His  Total
Active Federal Military Service Date (TAFMSD) is 12 Feb 87.

Applicant’s EPR profile since 1996 follows:

      PERIOD ENDING    EVALUATION

       6 Sep 96        5
       2 Jun 97        4
       2 Jun 98        5
      31 Mar 99        5
      31 Mar 00        4
      31 Mar 01        5
      31 Mar 02        5
       3 Feb 03        5
       3 Feb 04        5
       3 Feb 05        5
       3 Feb 06        4
      21 Oct 06        5
  *   21 Oct 07        3

* Contested Report.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDEP recommends denial noting the applicant  filed  an  appeal
through the Evaluation Reports Appeals Board  (ERAB)  but  was  denied
relief because the board was not convinced the report  was  inaccurate
based on the evidence provided by the applicant.

AFPC/DPSIDEP indicates that some disagreements are likely to occur  in
a worker-supervisor relationship  since  a  worker  must  abide  by  a
supervisor's policies, decisions and expectations.  Personnel  who  do
not perform at expected standards, or require close  supervision,  may
believe that an evaluator is  personally  biased;  and  the  contested
report does indicate supervision was required. However,  the  conflict
generated by this personal attention is  usually  professional  rather
than personal.  Before an EPR is accepted for file, it goes through  a
thorough  administrative  review  process,  including  a  "checks  and
balances," to determine the accuracy of the report before it is made a
matter of record.  Further, 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.
In AFPC/DSIDEP’s view, the evidence does  not  substantiate  that  the
report was inaccurate or unjust.

A complete copy of the AFPC/DPSIDEP evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  11
Apr 08 for review and response within 30 days.  As of  this  date,  no
response has been received by this office (Exhibit D).

_________________________________________________________________

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  error  or  injustice.   The  applicant’s  complete
submission was thoroughly  reviewed  and  his  contentions  were  duly
noted.  However, we did not find his assertions and the  documentation
provided in support of his appeal sufficient to override the rationale
expressed by the Air Force office of primary responsibility (OPR).  We
are not convinced the rater  was  unable  to  evaluate  the  applicant
honestly and to the best of his ability.   Furthermore,  we  note  the
additional  rater  concurred  with  the  rater’s  evaluation  of   the
applicant’s performance.  In view of the above, and in the absence  of
evidence which shows to our satisfaction the contested report was  not
an accurate depiction of his performance at the time it was  prepared,
we adopt the OPR’s rationale and conclude  that  no  basis  exists  to
recommend granting the relief sought in this application.

_________________________________________________________________

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 21 May 08, under the provisions of AFI 36-2603:

      Ms. B. J. White-Olson, Panel Chair
      Mr. Elwood C. Lewis III, Member
      Mr. James A. Wolffe, Member

The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2008-00675 was considered:

    Exhibit A.  DD Form 149, dated 15 Feb 08, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSIDEP, dated 21 Mar 08.
    Exhibit D.  Letter, SAF/MRBR, dated 11 Apr 08.




                                   B. J. WHITE-OLSON
                                   Panel Chair

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