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AF | BCMR | CY2010 | BC-2009-02480
Original file (BC-2009-02480.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-02480
            INDEX CODE:  111.02
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His AF IMT 910, Enlisted Performance Report (EPR) (AB thru  TSGT),  rendered
for the period 22 Nov 06 thru 15 Jun 07, be corrected or declared  void  and
removed from his records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

In Feb 08, he reviewed his records in the Virtual Military Personnel  Flight
(VMPF) and discovered he had received a “3” rating EPR.  The writer  of  the
report was never assigned as his rater.  He believes the report was  written
at the last minute so the unit would not break a suspense date.

He always performed his best and received an  Air  Force  Achievement  Medal
(AFAM) for meritorious service at the end of his tour.  The  award  was  not
included in the EPR as a significant accomplishment.

He has received ratings of “5” consistently throughout his career and  feels
that a substandard rating of  “3”  will  negatively  impact  his  Air  Force
career and promotion potential.

In support of the application, the applicant submits a  personal  statement,
copies of his AFAM, an unsigned character support letter, and EPR bullets.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information  extracted  from  Military  Personnel  Data   Systems   (MilPDS)
indicates  the  applicant  currently  assigned  duties  as  an  Installation
Patrolman in the Security Forces Squadron.  He is currently serving  in  the
grade of staff sergeant, having assumed that  grade  effective  and  with  a
date of rank of 1 Feb 05.

The following is a resume of his performance reports:

Close Out Date   Overall Rating

 15 Sep 02       5
 15 Sep 03       5
 15 Sep 04       5
 15 Sep 05       5
 15 Sep 06       5
+15 Jun 07       3
 15 Jun 08       4
 15 Jun 09       5

+ Contested Report

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSIDEP recommends denial.  DPSIDEP states the  applicant  filed  an
appeal through the Evaluation Reports Appeals  Board  (ERAB);  however,  the
ERAB denied his request.  DPSIDEP notes only members  in  the  rating  chain
can confirm if counseling and/or feedback was provided.

DPSIDEP states the Air Force does not require the  designated  rater  to  be
the ratee’s immediate supervisor.  Inaccurate designations and  failures  to
change raters can occur.  The  applicant  will  need  statements  from  both
individuals who wrote and signed the report and  from  the  individuals,  he
believes, that should have written the report.   The  dates  of  supervision
and an explanation of events should be provided.

DPSIDEP notes the statement provided by  the  applicant  was  written  by  a
member  of  the  Air  National  Guard  not   assigned   to   his   squadron.
Additionally, Air National Guard members are not permitted  to  rate  active
duty  members.   Furthermore,  the  applicant’s  statement  has   not   been
substantiated.

The complete DPSIDEP evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 26  Feb
10, for review and comment within 30 days.  As of  this  date,  this  office
has received no response (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.   We  took  notice  of  the  applicant’s
complete submission in judging the merits of the  case;  however,  we  agree
with the opinion and recommendation of  the  Air  Force  office  of  primary
responsibility and adopt its rationale as the basis for our  conclusion  the
applicant has not been the victim of an error or injustice.   Therefore,  in
the absence of evidence to the contrary,  we  fund  no  basis  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 8 Apr 10, under the provisions of AFI 36-2603:

      Panel Chair
      Member
      Member

The following documentary evidence was considered in AFBCMR BC-2009-02480:

    Exhibit A.  DD Form 149, dated 4 Jun 09, w/atchs.
    Exhibit B.  Letter, HQ AFPC/DPSIDEP, dated 29 Jan 10.
    Exhibit C.  Letter, SAF/MRBR, dated 26 Feb 10.




                                   Panel Chair

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