RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-01041
		INDEX CODE:  111.02

		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

Her Enlisted Performance Report (EPR), rendered for the period 24 July 1997 through 11 December 1998, be declared void and removed from her records.
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APPLICANT CONTENDS THAT:

Her former rating chain’s failure to comply and follow governing Air Force instructions rendered an unfair and inaccurate EPR.  The 6-month delay of a timely report, inaccurate and inconsistent statements in the rater’s comments between the three EPRs, false certification of feedback dates, lack of rater’s documentation, lack of feedback sessions and guidance, non-compliance to referral procedures and lack of first-hand knowledge, renders all three reports inaccurate and unfair.

In support of her request, the applicant submits a personal statement, with a copy of her AFI 36-2401 application and additional documents associated with the issues cited in her contentions.  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Information extracted from the Personnel Data System reveals that the applicant is currently serving in the Air Force Reserves in the grade of staff sergeant (E-5), with an effective date of rank of 1 November 1995.  Her last enlistment in the Air Force Reserve was on 7 September 1997, with an expiration of term of service (ETS) date of 6 September 2003.  The applicant has completed a total of 10 years of satisfactory Federal service.  Applicant's EPR profile follows:

		Period Ending	Evaluation

		15 Sep 91 - 23 Jun 97	3 - Consider
		*24 Jul 97 - 11 Dec 98	2 - Not Recommended at this Time
		 12 Dec 98 - 11 Dec 00	5 - Immediate Promotion

* Contested report
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AIR FORCE EVALUATION:

HQ ARPC/DPB recommends the application be denied.  DPB stated that, based on the applicant’s submission, there appears to be three different EPRs prepared for the applicant covering the same rating period.  On 17 Apr 00, the Evaluation Reports Appeal Board (ERAB) directed the EPR signed by the rater on 21 Jul 99 be referred to the applicant.  The reaccomplished EPR, signed by the rater on 4 Feb 01 and accepted for file, is not a referral report.  None of the three reports clearly show the applicant performing in all areas in an exceptional or superior manner.  The HQ ARPC/DPB evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 24 May 2002 for review and response.  As of this date, no response has been received by this office (Exhibit D).
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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 error or injustice.  The supporting documents provided by the applicant are sufficient to cause doubt concerning the fairness and accuracy of the contested report.  Specifically, the Inspector General (IG) intervention, the AFI 36-2401 actions, the statements from her former rating chain, the three EPRs under review, and the excessive delay in processing the contested report.  Additionally, we believe that if the applicant was performing at a marginal level, she should have been provided more timely performance feedback by her superiors.  In our opinion, the applicant’s rating chain did not exercise appropriate counseling/feedback prior to rendering the performance report.  We therefore believe that the apparent lack of appropriate management practices on the part of her rating chain resulted in an unfair EPR.  In view of the circumstances involved, and in an effort to offset any possibility of any injustice, we recommend that the contested report be declared void and removed from the applicant’s records.
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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 24 July 1997 through 11 December 1998, be declared void and removed from her records.
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The following members of the Board considered this application in Executive Session on 10 July 2002, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered in connection with AFBCMR Docket Number 02-01041:

   Exhibit A.  DD Form 149, dated 22 Mar 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ ARPC/DPB, dated 22 Apr 02.
   Exhibit D.  Letter, SAF/MRBR, dated 24 May 02.

                                   

AFBCMR 02-01041

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, AF Form 910, rendered for the period 24 July 1997 through 11 December 1998, be, and hereby is, declared void and removed from her records.