RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-02088
                       INDEX CODE:  111.02
                       COUNSEL:  NONE
                       HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Enlisted Performance Report (EPR) rendered for the  period  22 May
06 through 21 May 07 be removed from his records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The EPR in question does not reflect his true duty performance in this
reporting period or any reporting period  in  his  29  plus  years  of
service.  His immediate raters have provided documentation in  support
of his  request.   His  commander  gave  this  unfair  report  due  to
reprisal.  His 2006 and 2007 EPRs were worked simultaneously which  is
a direct violation of the Air Force Instructions (AFIs).  His 2006 EPR
closed out 1 year and 53 days after its original closeout date and his
2007 EPR closed out 77 days after the original closeout  date  without
any justification as to why the report was late.

In  support  of  his  request,  the  applicant   submitted   character
references  and  documents  extracted  from  his  military   personnel
records.

Applicant's complete submission, with attachments, at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

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

He filed an appeal through the Evaluation Reports Appeal Board  (ERAB)
requesting the contested report be removed from his records.  The ERAB
denied his request but directed  that  the  report  be  reaccomplished
because the additional rater did not state why she  nonconcurred  with
the rater.   The  report  was  reaccomplished,  reviewed  by  DPSIDEP,
accepted and made a matter of record.

He submitted an appeal  through  the  ERAB  requesting  that  his  EPR
closing 20 May 06 be voided.  The ERAB approved his request and voided
the 2006 report.
In  2004  he  submitted  an  appeal  to  the  AFBCMR  requesting   his
performance report for the period ending 11 Aug 02 be removed from his
records.  On 3 Mar 05, the Board directed the  performance  report  be
removed  from  his  records  and   directed   supplemental   promotion
consideration.

In response to a complaint submitted  by  the  applicant,  the  DoD/IG
conducted  an  investigation  into  three  allegations   of   reprisal
submitted by the applicant.  The IG found all three of the allegations
to be unsubstantiated.

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AIR STAFF EVALUATION:

AFPC/DPSIDEP recommends denial.  DPSIDEP states  the  original  report
only contained one error, which has been corrected by the  ERAB.   His
claim of reprisal is unsubstantiated, nor does a late  report  make  a
report inaccurate and the late report did not impose an in justice.

He also contends the contested report does not reflect his  true  duty
performance in this reporting period or  any  other  reporting  period
during his active duty  career.   The  Air  Force  Instruction  states
ratings are not erroneous or unjust because they are inconsistent with
other  ratings  a  ratee  may  have  received.   A  report   evaluates
performance  during  a  specific  period  and  reflects  the   ratee's
performance, conduct, and potential at that time,  in  that  position.
There was no evidence of reprisal.

AFPC/DPSIDEP's complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR STAFF EVALUATION:

On 25 Jul 08, a copy of the Air Force evaluation was forwarded to  the
applicant for review and comment 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  a
thorough review of the evidence of record, the Board  majority  finds
no evidence of error in this  case  and  are  not  persuaded  by  the
applicant's assertions that he has suffered from  an  injustice.   In
this respect, in the rating process, each evaluator  is  required  to
assess a ratee's performance, honestly  and  to  the  best  of  their
ability.  The applicant asserts that his commander non-concurred with
his rater's assessment without justification.  However, after  review
of the evidence presented, the Board majority finds  no  evidence  of
reprisal,  is  not  persuaded  that  his  commander's  actions   were
improper,  that  her  determination  was   based   on   inappropriate
considerations, or that she abused  her  discretionary  authority  in
this matter.  Therefore, based on the evidence of record,  the  Board
majority  finds  no  basis  upon   which   to   recommend   favorable
consideration of his request.

4.    The applicant's case is adequately documented  and  it  has  not
been shown that a personal appearance with  or  without  counsel  will
materially  add  to  our  understanding  of   the   issues   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the Board  finds  insufficient  evidence  of  error  or
injustice and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2008-02088 in Executive Session on 23 Oct 08 and 15 Dec 08, under the
provisions of AFI 36-2603:

            Mr. Thomas S. Markiewicz, Chair
            Mr. Elwood C. Lewis III, Member
            Mr. Kurt R. LaFance, Member

By a majority vote, the Board recommended denial of  the  application.
Mr. Lewis recommended correcting the record but does  not  desires  to
submit a Minority Report.   The  following  documentary  evidence  was
considered.

      Exhibit A. DD Form 149, dated 28 May 08, w/atchs.
      Exhibit B. Applicant's Military Personnel Records.
      Exhibit C. Letter, AFPC/DPSIDEP, dated 9 Jul 08.
      Exhibit D. Letter, SAF/MRBR, dated 25 Jul 08.
      Exhibit E. IG Report - WITHDRAWN.




                       THOMAS S. MARKIEWICZ
                       Chair






AFBCMR BC-2008-02088





MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                 FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found that applicant had
not provided sufficient evidence of error or injustice and recommended the
case be denied.  I concur with that finding and their conclusion that
relief is not warranted.  Accordingly, I accept their recommendation that
the application be denied.

      Please advise the applicant accordingly.




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency