RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-01795
		INDEX NUMBER:  111.02
		COUNSEL:  None
		HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

The enlisted performance report (EPR) rendered on him for the period 19 Jan 98 to 11 Oct 99 be revised to reflect ratings to the far right in all performance factors under Section III, “Evaluation of Performance” and in Section IV, “Promotion Recommendation” or, in the alternative, the report be voided and removed from his record.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The contested EPR is the lowest rated duty performance he has received in 28 years of total military service.

He received conflicting accounts from his immediate rater and his rater’s rater as to why he received the poor rating.

The rating on his EPR conflicts with the overall excellent rating he received on his civilian appraisal.

He was never counseled by anyone in his rating chain for unacceptable performance.

In support of his appeal the applicant has provided copies of his military record of performance and a copy of his civilian performance appraisal covering the same period.

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

_________________________________________________________________

STATEMENT OF FACTS:

According to information provided by HQ ARPC, the Evaluation Reports Appeal Board (ERAB) reviewed the applicant’s appeal package and determined that his requests should be denied.  Based on copies submitted by the applicant, a resume of his performance reports follows:

	Closeout Date				Overall Rating

	  6 Feb 85					9 (APR system)
	  6 Feb 86					9
	  3 Jan 87					9
	 22 Oct 88					9
	 27 Feb 90					5 (EPR system)
	 18 Jan 98					5
	*11 Oct 99					3
	 11 Oct 01					5

*  Contested Report

_________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPBR2 recommends denial of the applicant’s requests.  The ERAB considered and denied a request to remove the contested EPR from the applicant’s records.  The applicant failed to provide enough documentation substantiating his allegations in accordance with required directives.

The complete evaluation is at Exhibit C.

HQ ARPC/DPB recommends denial of the applicant’s request.  The applicant has not exhausted administrative avenues available to him.  As a courtesy, they submitted the applicant’s package to the ERAB for their consideration.  Regarding the applicant’s assertion that his reports written before and after the contested report were marked higher, they indicate that each reporting period is separate and unique and that any report rendered before or after a particular report has no bearing on that report.  They also indicate that a member’s civilian rating carries no weight when evaluated for their military job.

The complete evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 4 Jun 03 for review and comment within 30 days.  To date, a response has not been received.

_________________________________________________________________

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 error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, a majority of the Board agrees with the opinions and recommendations of the Air Force offices of primary responsibility and adopts their rationale as the basis for their conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, a majority of the Board finds no compelling basis to recommend granting the relief sought in this application.

___________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the Board finds insufficient evidence of error or injustice and recommends the application be denied.

___________________________________________________________________

The following members of the Board considered Docket Number BC-2002-01795 in Executive Session on 16 July 2003, under the provisions of AFI 36-2603:

By a majority vote, the Board voted to deny applicant’s request.  Mr. Gallogly voted to grant the applicant’s request but did not desire to submit a minority report.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 May 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, ARPC/DPBR2, dated 29 May 03.
    Exhibit D.  Memorandum, ARPC/DPB, dated 2 Jun 03.
    Exhibit E.  Letter, SAF/MRBR, dated 4 Jun 03.

                                   Panel Chair

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                                  FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of 

	I have carefully reviewed the evidence of record and the recommendation of the Board members.  A majority found that applicant had not provided sufficient evidence of error or injustice and recommended the case be denied.  I concur with that finding and their conclusion that relief is not warranted.  Accordingly, I accept their recommendation that the application be denied.

	Please advise the applicant accordingly.

							Director
							Air Force Review Boards Agency