RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  BC-2002-03408
		INDEX CODE 111.02  111.04
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

The closing date for the Enlisted Performance Report (EPR) for the period 1 Nov 00 through 26 Jan 02 be changed to 31 Oct 02.

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APPLICANT CONTENDS THAT:

The previous EPR establishes that the inclusive date should reflect that of an annual EPR. His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant is currently serving on extended active duty in the grade of master sergeant at Tinker AFB, OK, as an inspection section dock chief. His last five EPRs reflect the following:

	CLOSING DATE	RATING	REASON FOR REPORT

	29 Apr 97		5		Annual (365 days)
	29 Apr 98		5		Annual (365 days)
	29 Apr 00		5		Annual (366 days)
	31 Oct 00		5		Change of Reporting Official 
						    (185 days)
	26 Jan 02		5		Annual (120 days)

The applicant did not submit an appeal to the Evaluation Reports Appeal Board (ERAB).

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AIR FORCE EVALUATION:

HQ AFPC/DPPPE advises that, in accordance with AFI 36-2406, if the ratee is a senior airman or above and has not had a report for at least one year and the period of supervision has been at least 120 days, the reason for the report is annual. The closeout date is one year from the previous EPR’s closeout date or when 120 calendar days of supervision have passed. The report reason is still annual.  The number of days of supervision on the contested EPR is 120. The applicant did not have a minimum of 120 calendar days of supervision on the normal annual date (31 Oct 01); therefore, the closeout date had to be adjusted to closeout on the day the applicant met that minimum (26 Jan 02).

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 15 Nov 02 for review and comment within 30 days.  As of this date, this office has received no response. 

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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 error or injustice. After a thorough review of the evidence of record and the applicant’s submission, we are not persuaded that the closing date of the 31 Oct 02 EPR should be changed. The 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 Air Force. The closing date had to be adjusted because the applicant apparently did not have a minimum of 120 calendar days of supervision on the normal annual date. The applicant has not established that the closing date is inaccurate. We therefore adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of having suffered either an error or an injustice. In view of the above and absent persuasive evidence to the contrary, we conclude this appeal should be denied.  

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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 this application in Executive Session on 17 April 2003 under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence relating to AFBCMR Docket No. BC-2002-03408 was considered:

   Exhibit A.  DD Form 149, dated 13 Sep 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPE, dated 7 Nov 02.
   Exhibit D.  Letter, SAF/MRBR, dated 15 Nov 02.