RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-01735
		INDEX NUMBER:  111.01

		COUNSEL:  None

		HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

The enlisted performance report (EPR) rendered on him for the period 16 Oct 00 through 14 Feb 01 be removed from his records.

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APPLICANT CONTENDS THAT:

His chain of command forced him to work with and show proper military courtesy to a superior NCO that had an inappropriate relationship with his wife, which caused him to file an Inspector General (IG) complaint.

After filing an IG complaint against his chain of command, he became the target of harassment by them.

He was given a referral EPR because his chain of command was upset with him for filing an IG complaint against them.

The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the regular Air Force on 29 Apr 98 for a period of four years.  A resume of the applicant’s EPRs follows:

	Closeout Date			Overall Rating

	  15 Oct 99				5
    15 Oct 00				5
   *14 Feb 01				2

*  Contested EPR

On 15 Sep 00, the applicant filed a complaint with the Installation IG making the following allegations with the indicated findings:

	  a.   That his duty section allowed “tacking on” of stripes which caused bodily harm (Substantiated).

	  b.  That his duty section allowed offensive and humiliating comments to be made (Not substantiated).

On 10 Apr 01, the applicant’s squadron commander notified him that he was recommending his discharge from the Air Force for a mental disorder.  The applicant acknowledged receipt on 10 Apr 01.  On 13 Apr 01, after consulting counsel, the applicant submitted a statement to the commander indicating that he did not disagree with the discharge action.  He explained in his statement why he believed he had developed the adjustment disorder.  He requested that based on his record he be allowed to serve until the end of Apr 01 in order to meet requirements for the G I Bill.  On 17 Apr 01, his squadron commander recommended to the wing commander, the discharge authority, that the applicant be discharged from the Air Force for a mental disorder and given an honorable discharge.  The Staff Judge Advocate reviewed the discharge package, found it legally sufficient and recommended that the discharge authority approve the applicant’s discharge from the Air Force with an honorable service characterization, without probation and rehabilitation (P & R).  On 29 Apr 01, the Wing commander approved the applicant’s discharge with an honorable characterization and no opportunity for P & R.  The applicant was discharged on 2 May 01.

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AIR FORCE EVALUATION:

AFPC/DPPPWB evaluated this application in regards to the impact of the contested EPR on the applicant’s promotion consideration.  No recommendation is made.

The applicant was rendered ineligible for promotion consideration during cycle 01E5 due to the referral report closing out 14 Feb 01 as well as the involuntary separation action initiated by his commander on 17 Apr 01.  Even if the referral EPR is removed as requested, the applicant would still be ineligible for the 01E5 cycle.

The complete evaluation is at Exhibit C.

AFPC/DPPPEP evaluated this application and recommends denial of the applicant’s request to void his report.

According to the IG complaint filed by the applicant, the decision by his commander to return the staff sergeant to the flight only three months after his indiscreet behavior with the applicant’s wife affected the applicant’s mental health.  The applicant was recommended for discharge based on the mental health provider’s recommendation.

Because the rater and additional rater were not mentioned in the IG complaint, there is no reason for them to determine that the evaluation is not accurate.  To effectively challenge the EPR, the applicant would need to show the evaluation was an inaccurate reflection of his duty performance.  Also, since the evaluators were not named in the IG complaint, it would be necessary to have them provide any support substantiating the applicant’s claim.

The complete evaluation is at Exhibit D.

AFPC/DPPAE evaluated this application in regards to the applicant’s Reenlistment Eligibility (RE) Code.

The RE code of 1R, “First-term airmen, selected for reenlistment under the SRP” is incorrect.  Airmen should not separate with this RE code.  Based on documentation in the applicant’s file and the narrative reason for his separation, “Personality Disorder” they recommend that the applicant’s RE code be changed to 2C, “Involuntarily separated with an honorable discharge; or entry level separation without characterization of service.”

The complete evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant 0n 12 Oct 01 for review and comment within 30 days.  To date, a response has not been received.

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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.  While the Board was not fully convinced that the ratings given the applicant on the contested EPR were in error, we were also not convinced that the applicant was afforded sufficient counseling and help to deal with the problems he faced.  We note that on the EPRs written prior to development of serious problems in his personal life, he had been a stellar performer and that his decline in performance, as documented on the contested report, is attributed almost solely to his inability to handle these problems.  In that regard, we believe that the demands placed on him while dealing with his deteriorating marriage and the decision to reassign the NCO that was punished for involvement with his wife back to the same duty section may have created an environment where he was destined to fail.  As a result, we believe that the contested EPR is unjust.  Therefore, we recommend that the applicant’s records be corrected as indicated below.  We note the comments regarding the RE code issued at the time of separation; however, we believe it would be inappropriate to recommend a change at this time.

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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 on him for the period 16 Oct 00 through 14 Feb 01, be declared void and removed from his records.

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The following members of the Board considered this application in Executive Session on 13 November 2001, under the provisions of AFI 36-2603:

Panel Chair
Member
Member

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

     Exhibit A.  DD Form 149, dated 14 Jun 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPPWB, dated 6 Sep 01,
                 w/atchs.
     Exhibit D.  Memorandum, AFPC/DPPPEP, dated 28 Sep 01.
     Exhibit E.  Memorandum, AFPC/DPPAE, dated 5 Oct 01.
     Exhibit F.  Letter, SAF/MIBR, dated 12 Oct 01.

                                                                      

AFBCMR 01-01735

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 on him for the period 16 Oct 00 through 14 Feb 01, be, and hereby is, declared void and removed from his records.