RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00335
		INDEX NUMBER:  111.00
	XXXXXXXXXXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

The Enlisted Performance Report (EPR) rendered on him for the period 16 Jun 01 through 15 Jun 02 be voided and removed from his record.

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APPLICANT CONTENDS THAT:

The EPR contains many administrative errors such as an incorrect senior rater identification number, an incorrect number of days of supervision, and incorrect reason for the report.

He was unjustly marked down in Section III, Evaluation of Performance, in items one and three.  Both Sections five and six contain statements that are not based on fact.  Additionally, the EPR omits significant events that occurred during the reporting period.  He had a year-long personality conflict with his supervisor over motivating subordinates, maintaining discipline, setting and enforcing standards, evaluating subordinates fairly and consistently, and fostering teamwork.  He elevated problems with their relationship to two successive commanders on several occasions, without result.  His supervisor was eventually relieved of his duties due to an investigation for conduct unbecoming an officer.

In support of his appeal, the applicant has provided a copy of his EPR and a copy of the Meritorious Service Medal he was awarded within the reporting period of the contested report.

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

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STATEMENT OF FACTS:

The applicant served on active duty in the Air Force from Mar 81 through Dec 02.  He retired from the Air Force effective 1 Jan 03 in the grade of chief master sergeant (CMSgt).  A review of the applicant’s last 10 EPRs reflects overall ratings of “5.”  With the exception of the contested EPR rendered for the period 16 Jun 01 through 15 Jun 02, none of the reports contain downgraded markings in any performance factors.  The EPR closing 15 Jun 02 is marked down one block each in “Duty Performance” and “Leadership.”

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AIR FORCE EVALUATION:

AFPC/DPPPE strongly recommends that the applicant’s request be denied.  While the applicant cites several reasons why he believes his rater was biased against him, he has not provided any evidence or witness statements to corroborate his allegation. They note that the applicant had the same rating chain on his previous report, which was a firewall “5.”  In accordance with AFI 36-2406 it is inappropriate for evaluators to consider previous reports or ratings.  It is clear that his rating chain felt in the previous report that the applicant was a firewall performer, but changed their opinion based on the applicant’s performance during the rating period for the contested report.  The applicant also did not provide any supporting documentation to support his contentions that his report should reflect “CRO,” the number of days supervision should be 227, and that the evaluator assessments in Blocks V and VI were unjustified.  Additionally, the applicant’s contention that feedback was not provided is not grounds to invalidate his report.

The complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded to the Air Force evaluation by requesting that his case be temporarily withdrawn to allow him time to gather additional evidence in support of his request.

The applicant’s response is at Exhibit E.

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ADDITIONAL REVIEW OF AIR FORCE EVALUATION:

In his second response to the Air Force evaluation, the applicant indicates that he is ready to proceed with his case.  He provides supporting documentation for all of his contentions, including an extract from an investigation conducted of his rater.  The applicant states that the contested EPR is unfair for someone who not only served honorably, but also had a stellar career, attaining the grade of CMSgt in less than 20 years and earning numerous awards.  He further states that if it were not for his rater, he would still be in the Air Force.

The applicant’s complete response, with attachments, is at Exhibit G.

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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 Board was persuaded by the support the applicant received from his rater and other senior noncommissioned officers he served with to void the contested report.  Enough doubt has been raised regarding the validity of the report that we believe the only fair action is to remove it from the applicant’s records.  Therefore, in the interest of equity and justice, 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 Senior Enlisted Performance Report (MSgt thru CMSgt), AF Form 911, rendered for the period 16 Jun 01 through 15 Jun 02, be declared void and removed from his records.

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The following members of the Board considered Docket Number BC-2003-00335 in Executive Session on 8 October 2003, under the provisions of AFI 36-2603:

Chair
Member
Member

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

     Exhibit A.  DD Form 149, dated 25 Jan 03, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPPE, dated 11 Apr 03.
     Exhibit D.  Letter, SAF/MRBR, dated 18 Apr 03.
     Exhibit E.  Memorandum, Applicant, dated 13 May 03.
     Exhibit F.  Letter, AFBCMR, dated 14 May 03.
     Exhibit G.  Memorandum, Applicant, dated 11 Sep 03.

                                                                      Chair

AFBCMR BC-2003-00335

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 XXXXX  , XXX-XX-XXXX, be corrected to show that the Senior Enlisted Performance Report (MSgt thru CMSgt), AF Form 911, rendered for the period 16 Jun 01 through 15 Jun 02 be, and, hereby is, declared void and removed from his records.

		
		Director
		Air Force Review Boards Agency