RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER:  01-00107
			INDEX CODE:  111.02
			
			COUNSEL:  NONE

			HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The level of review in Section VIII of his Enlisted Performance Report (EPR), closing 18 Aug 98, be upgraded to reflect Senior Rater’s indorsement.
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APPLICANT CONTENDS THAT:

The EPR dated 18 Aug 97 was removed from his records due to a proven personality conflict.  Because of that EPR, the EPR dated 18 Aug 98 was given to a deputy rater instead of a senior rater for indorsement.

Applicant’s complete submission, which includes letters from his commander and senior rater and copies of the EPRs in question, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is 23 September 1981.  He is currently serving in the grade of master sergeant, having been promoted to that grade with an effective date and a date of rank of 1 May 1996.  The following is a resume of his EPR ratings, commencing with the report closing 18 Aug 95.

	PERIOD ENDING	PROMOTION RECOMMENDATION

		18 Aug 95				5
		18 Aug 96				5
	* 18 Aug 97				Voided Report
		18 Aug 98				5
		18 Aug 99				5
		18 Aug 00				5

Note: * On 7 February 2000, the Board Majority voted to deny a request by the applicant that his EPR closing 18 Aug 97 be removed from his records.  The Director, Air Force Review Boards Agency accepted the recommendation by the Board minority and favorably considered the applicant’s request (Exhibit C).

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AIR FORCE EVALUATION:

The Evaluations Procedures Section, AFPC/DPPPEP, indicated the applicant has provided a memorandum from the new indorser who is willing to indorse the report in place of the original indorser.  However, DPPPEP does not believe it is ethical to make such a change without the concurrence of the original evaluator.  Air Force Policy is that an evaluation report is accurate as written when it becomes a matter of record.  To effectively challenge an EPR, it is necessary to hear from the members in the rating chain -not only for support, but also for clarification/explanation.  The applicant did not provide a memorandum from the original indorser supporting his request.  Therefore, DPPPEP recommends the applicant's request be denied (Exhibit D).

The Enlisted Promotion and Military Testing Branch, AFPC/DPPPWB, while not directly commenting whether the report should be changed, indicated what course of action could be followed concerning the applicant’s promotion consideration should the Board approve the applicant's request (Exhibit E).

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluations and commented that by considering the rater’s rater’s endorsement letter, an indorsement letter from the senior rater and the previously submitted package, he believes the Board will have sufficient reasons to grant his request (Exhibit G).

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  After reviewing the documentation submitted, we are convinced that the Enlisted Performance Report (EPR) dated 18 Aug 98 should be upgraded to reflect a Senior Rater indorsement.  Previous Board action removed an EPR closing 18 Aug 97 because of a proven personality conflict.  We are of the opinion that it was the existence of this inaccurate EPR that caused the EPR in question to warrant less than a Senior Rater indorsement.  While the applicant was unable to locate and secure statements from the rating officials of the contested EPR, he has provided a statement from the Wing Commander indicating his willingness to sign the EPR if it was forwarded to him for his consideration.  In view of the above and the totality of the circumstances of this case, we believe this matter should be resolved in the applicant's favor.  Accordingly, we recommend that his records be corrected as indicated below.
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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that the Enlisted Performance Report (AB through TSgt), AF Form 910, rendered for the period 19 August 1997 through 18 August 1998, be amended in Section VIII, Final Evaluator’s Position, by placing an “X” in the Senior Rater block rather than the Senior Rater’s Deputy block and Section 10, Commander’s Review, reflect endorsement by Scott C. Bergren, Major General, USAF.
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The following members of the Board considered this application in Executive Session on 11 April 2001, under the provisions of AFI 36‑2603:

Chair
Member
Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 8 Jan 01 w/atchs.
     Exhibit B.  Applicant’s Military Personnel Records.
     Exhibit C.  Memorandum, AFBCMR, dated 7 Jun 00.
     Exhibit D.  Letter, AFPC/DPPPEP, dated 22 Feb 01.
     Exhibit E.  Letter, AFPC/DPPPWB, dated 22 Jan 01.
     Exhibit F.  Letter, SAF/MIBR, dated 9 Mar 01.
     Exhibit G.  Applicant’s Response, dated 18 Mar 01.

                                  
                                  Chair

AFBCMR 01-00107

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that the Enlisted Performance Report (AB through TSgt), AF Form 910, rendered for the period 19 August 1997 through 18 August 1998, be amended in Section VIII, Final Evaluator’s Position, by placing an “X” in the Senior Rater block rather than the Senior Rater’s Deputy block and Section 10, Commander’s Review, reflect endorsement by XXXXXXX, Major General, USAF.