RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 01-02349

	 	COUNSEL:  NONE

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The Enlisted Performance Report (EPR) rendered for the period 27 July 1998 through 17 June 1999, be removed from his records.

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THE APPLICANT CONTENDS THAT:

The contested report is an inaccurate assessment of his duty performance, totally unfair, and was prejudiced based on personal biases.  

The contested report does not reflect a lack of job performance and the rating is not consistent with the wording in Section V, Rater’s Comments.  During a three-year period of supervision, he never received performance feedback.  Furthermore, the rater’s rater endorsed the report before his rebuttal.

In support of the appeal, applicant submits a copy of the contested report; statements from a major general, his former supervisor, and co-workers; a copy of his Stripes to Exceptional Performers (STEP) package; character references; and emails. 

The applicant’s former supervisor states that the applicant had no Air Force officials in his immediate chain of command and the report does not indicate poor duty performance, nor any other difficulties other than frequent telephone usage.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant is currently serving on active duty in the grade of technical sergeant.

The applicant’s request under AFI 36-2401 to have the contested EPR removed from his records was denied by the Evaluation Reports Appeals Board (ERAB).

Applicant’s performance profile follows:

             PERIOD ENDING               OVERALL RATING

               31 Mar 92                       5
                9 Mar 94                       5
                9 Mar 95                       5
                9 Mar 96                       5
               26 Jul 96                       5
               26 Jul 97                       5
               26 Jul 98                       5
             * 17 Jun 99 (Referral)            3 (indorser upgrd)
               17 Jun 00                       5
               17 Jun 01                       5

* Contested EPR

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AIR FORCE EVALUATIONS:

AFPC/DPPPWB states, in part, that the first promotion cycle the contested report would normally have been considered in the promotion process was the 00E7 cycle.  As such, if the Board removes the contested report, the applicant will be entitled to supplemental promotion consideration for the 00E7 cycle provided he is otherwise qualified and recommended by his commander.

The AFPC/DPPPWB evaluation, with attachments, is at Exhibit C.

AFPC/DPPPEP recommends the application be denied.  AFPC/DPPPEP states, in part, that the applicant has not substantiated the contested report was not rendered in good faith by all evaluators or provide effective evidence this report is an inaccurate documentation of his duty performance.  While the rater provided two emails indicating his willingness to sign a new rating, there is no evidence the contested report is an inaccurate assessment of the applicant’s duty performance.

The AFPC/DPPPEP evaluation is at Exhibit D.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

Complete copies of the Air Force evaluations were forwarded to the applicant on 5 October 2001 for review and response within 30 days.  However, as of this date, no response has been received by this office.

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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.  Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that the contested report is an inaccurate assessment of his performance during the contested rating period.  After reviewing the statements provided by the Deputy Assistant Secretary of Defense for Reserve Affairs (Readiness, Training and Mobilization) and the applicant’s former supervisor, we do not believe they substantiate that the contested report is an inaccurate assessment of the applicant’s duty performance.  Applicant’s contentions are duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the offices of the Air Force.  The offices of primary responsibility have adequately addressed applicant’s contentions and we agree with their opinions and recommendations.  We, therefore, adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  Hence, we find no compelling basis to recommend granting the relief sought.

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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.

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The following members of the Board considered Docket Number 01-02349 in Executive Session on 19 February 2002, under the provisions of AFI 36-2603:
    Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Aug 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPWB, dated 10 Sep 01, w/atchs.
    Exhibit D.  Letter, AFPC/DPPPEP, dated 26 Sep 01.
	Exhibit E.  Letter, SAF/MIBR, dated 5 Oct 01.