RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-01375
		INDEX CODE:  111.02, 126.04
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Enlisted Performance Report (EPR) rendered for the period of 27 January 1997 through 26 January 1998 be voided and he receive supplemental promotion consideration to master sergeant for cycle 99E7.
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APPLICANT CONTENDS THAT:

His EPR should be removed from his records because the rater signed a blank form and the rater did not intend to give him an overall rating of “4.”

In support of his request applicant submits a copy of the contested EPR; personal statements from the rater and indorser; a copy of the Evaluation Reports Appeal Board (ERAB) decision; and an AF Form 931, Performance Feedback Worksheet.  Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant contracted his initial enlistment in the Regular Air Force on 15 April 1983.  He has continually served on active duty and has been progressively promoted to the grade of technical sergeant (E-6), effective and with a date of rank of 1 May 1995.  A similar appeal by the applicant was considered and denied by the ERAB.  The following is a resume of his EPR profile:

	PERIOD ENDING		PROMOTION RECOMMENDATION

    28 Sep 00				5
    14 Aug 99				5
    14 Aug 98				5
    26 Jan 98				4 (Contested Report)
    26 Jan 97				5
    26 Jan 96				5
    30 May 95				5

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AIR FORCE EVALUATION:

The Chief, Enlisted Promotion and Military Testing Branch, AFPC/DPPPWB, reviewed applicant’s request and states that the first time the contested report was considered in the promotion process was cycle 99E7 to master sergeant.  DPPPWB indicated that if the Board voids the report, he would not be a selectee for either the 99E7 or 00E7 cycles.  DPPPWB noted that the applicant has been tentatively selected for the 01E7 cycle.  (See Exhibit C).

The Chief, Performance Evaluation Section, AFPC/DPPPEP, reviewed applicant’s request and recommends denial.  DPPPEP states that the applicant did not provide convincing evidence the “4” rating is unjust.  Although the rater alleges his intended ratings were changed after he signed an original report, his contention is without merit since the indorser and commander agreed to the “4” rating and the indorser continues to stand by this rating.  A complete copy of this evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 22 June 2001 for review and comment.  As of this date, this office has received no response.

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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 careful consideration of the applicant’s complete submission, to include the supporting statement provided by his rater, it appears that doubt exists concerning the accuracy of the contested report.  We noted that it was common practice by the unit orderly room to obtain copies of blank signed performance reports from the rater.  The rater has unequivocally stated that the performance report he wrote on the applicant prior to his retirement was changed and he was not advised of this fact.  He further stated that he would not have assigned a “4” promotion recommendation on the contested report.  Based on the rater’s statement and in the absence of evidence to question the integrity of this evaluator, we believe sufficient doubt has been created as to the accuracy and fairness of the contested report to warrant its removal from the applicant’s record.  In addition, notwithstanding the opinion of DPPPWB, we believe the applicant’s corrected record should be reconsidered for promotion via the supplemental process to ensure he has not been the victim of a promotion injustice.

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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, AF Form 910, rendered for the period 27 January 1997 through 26 January 1998 be declared void and removed from his records.

It is further recommended that he be provided supplemental consideration for promotion to the grade of master sergeant for all appropriate cycles beginning with cycle 99E7.

If AFPC discovers any adverse factors during or subsequent to supplemental consideration that are separate and apart, and unrelated to the issues involved in this application, that would have rendered the individual ineligible for the promotion, such information will be documented and presented to the Board for a final determination on the individual's qualification for the promotion.

If supplemental promotion consideration results in the selection for promotion to the higher grade, immediately after such promotion the records shall be corrected to show that he was promoted to the higher grade on the date of rank established by the supplemental promotion and that he is entitled to all pay, allowances, and benefits of such grade as of that date.

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The following members of the Board considered this application in Executive Session on 29 August 2001 under the provisions of AFI 36‑2603:

     Exhibit A.  DD Form 149, dated 3 May 2001, w/Atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPWB, dated 6 June 2001.
     Exhibit D.  Letter, AFPC/DPPPEP, dated 19 June 2001.
     Exhibit E.  Letter, SAF/MIBR, dated 22 June 2001.

                                  	 
                                  Panel Chair

AFBCMR 01-01375

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., be corrected to show that the Enlisted Performance Report, AF Form 910, rendered for the period 27 January 1997 through 26 January 1998 be, and hereby is, declared void and removed from his records.

	It is further directed that he be provided supplemental consideration for promotion to the grade of master sergeant for all appropriate cycles beginning with cycle 99E7.

	If AFPC discovers any adverse factors during or subsequent to supplemental consideration that are separate and apart, and unrelated to the issues involved in this application, that would have rendered the individual ineligible for the promotion, such information will be documented and presented to the Board for a final determination on the individual's qualification for the promotion.

	If supplemental promotion consideration results in the selection for promotion to the higher grade, immediately after such promotion the records shall be corrected to show that he was promoted to the higher grade on the date of rank established by the supplemental promotion and that he is entitled to all pay, allowances, and benefits of such grade as of that date.

                                                                            	
                                                                            Director
                                                                            Air Force Review Boards Agency