RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02758
		INDEX CODE:  111.05

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His Enlisted Performance Report (EPR) for the period 6 Sep 00 through 1 Jul 01 be voided and removed from his record.

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APPLICANT CONTENDS THAT:

The comments in Block VI (Additional Rater’s Comments) are not commensurate to the final rating; he was not at fault or responsible for said programs.  There is an element of prejudice evidenced by an earlier email distributed base wide by his additional rater and illegal punishment; there was evidence of miscommunication between two other pertinent parties.

In support of his appeal, applicant has provided a copy of the contested report and his appeal package to the Evaluation Reports Appeal Board (ERAB).  His complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant’s total active federal military service date (TAFMSD) is 16 November 1982.  The Personnel Data System reflects that his date of separation was 30 November 2002, with retirement effective 1 December 2002.  He was serving in the grade of technical sergeant (TSgt - E6) at retirement.  A profile of his last ten EPR’s follows:

		Closeout Date			Overall Rating

		 04 Aug 94				5
		 30 Apr 95				3
		 17 Mar 96				5
		 05 Sep 96				4 (Rater)
								5 (Indorser)
		 05 Sep 97				5
		 05 Sep 98				5
		 05 Sep 99				5
		 05 Sep 00				5
		*01 Jul 01				5 (Rater)
								4 (Add’l Rater) (Ref)
		 01 Jul 02				5

* Contested report.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPE recommends denial citing AFI 36-2406.  DPPPE states that the applicant’s rating chain documented this dispute appropriately.  DPPPE contends, as did the ERAB, that the applicant failed to provide specific documentation to support any of his allegations as well as being unclear in his statement citing evidence of a miscommunication between two other parties.   
(Exhibit C.)

HQ AFPC/DPPPWB deferred to DPPPE’s evaluation and recommended denial.  The contested report rendered the applicant ineligible for promotion consideration to master sergeant (E7) for cycle 02E7.  Should the Board remove the contested EPR, the applicant would be entitled to supplemental consideration for cycle 02E7.  
(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 8 November 2002, for review and comment within 30 days.  As of this date, this office has received no response.  (Exhibit E)

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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 warranting voidance of the contested report.  After reviewing the available evidence, we are of the opinion that the contested report contains enough contradictory information with respect to the additional rater’s comments and markings that some doubt exists as to the accuracy and fairness of the contested report and that any doubt should be resolved in the applicant’s favor by removing the contested report from his records.  Accordingly, we recommend that the applicant’s records be corrected as indicated below.

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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 AF Form 910, Enlisted Performance Report, rendered for the period 6 September 2000 through 1 July 2001, 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 30 January 2003, under the provisions of AFI 36‑2603:

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

    Exhibit A.  DD Form 149, dtd 26 Aug 02, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPE, dtd 22 Oct 02.
    Exhibit D.  Letter, HQ AFPC/DPPPWB, dtd 25 Oct 02
    Exhibit E.  Letter, SAF/MRBR, dtd 8 Nov 02.

                                   

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