ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00823
		INDEX CODE:  111.02

		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

In the applicant’s request for reconsideration, he requests his Enlisted Performance Report (EPR), rendered for the period 16 Feb 02 through 17 Nov 02, be declared void and removed from his records; and, that his Promotion Sequence Number (PSN) be reinstated.

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STATEMENT OF FACTS:

He is currently serving on active duty in the grade of technical sergeant (E-6), with an effective date and date of rank of 1 Sep 99.  The following is a resume of his EPR ratings subsequent to his promotion to that grade.

		Period Ending	Evaluation

		   20 Apr 00	5 - Immediate Promotion
		   20 Apr 01	5
		   15 Feb 02	4 - Ready for Promotion
		*  17 Nov 02	3 - Consider for Promotion
		   17 Nov 03	4

* Contested referral report

A similar appeal was considered and denied by the Board on 8 July 2003.  A summary of the evidence considered by the Board and the rationale of the earlier decision by the Board, see the Record of Proceedings at Exhibit F.

In the applicant’s most recent request for reconsideration, submitted through his congressman, he provided statements from his former supervisors, the former personnel superintendent and the equal employment complaints officer.  The applicant’s complete submission is at Exhibit G.
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THE BOARD CONCLUDES THAT:

After again reviewing this application and the evidence provided in support of the appeal, the Board majority is persuaded that relief is warranted.  It is the Board majority’s opinion that the supporting statements from the rater/supervisor, the additional rater and the Superintendent of the cognizant Military Personnel Flight are sufficient to cause doubt concerning the fairness and accuracy of the contested report.  Based on these statements and in the absence of a basis to question the integrity of these individuals, the Board majority recommends that, in an effort to offset any possibility of an injustice, the contested EPR should be declared void and removed from the applicant’s records.  In addition, as noted by HQ AFPC/DPPPWB, the applicant would have been a selectee for the 02E7 cycle, without the contested report in his records.  With the removal of the contested report, the Board majority also recommends that the applicant’s promotion to master sergeant be reinstated, with an effective date and date of rank of 1 April 2003.  Accordingly, the Board majority recommends his records be corrected to the extent 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 Enlisted Performance Report, AF Form 910, rendered for the period 16 February 2002 through 17 November 2002, be declared void and removed from his records.

It is further recommended that his records be corrected to show that he was promoted to the grade of master sergeant (E-7), with an effective date and date of rank of 1 April 2003.

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The following members of the Board considered this application in Executive Session on 6 January 2004, under the provisions of AFI 36-2603:

	            Panel Chair
	            Member
              Member

By a majority vote, Mr. XXXXX and Ms. XXXXX recommended granting the relief sought in this application.  Mr. XXXXXX voted to deny the applicant's request but did not desire to submit a minority 

report.  The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2003-00823.

	Exhibit F.  Record of Proceedings, dated 23 September 2003,
                with Exhibits.
	Exhibit G.  Letter from a Member of Congress, dated
                24 November 2003, with attachments.

                                   
                                   Panel Chair

DFAS-DE

AFBCMR BC-2003-00823

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 16 February 2002 through 17 November 2002, be, and hereby is, declared void and removed from his records.

	It is further directed that his records be corrected to show that he was promoted to the grade of master sergeant (E-7), with an effective date and date of rank of 1 April 2003.

		
                                     	Director
                                     	Air Force Review Boards Agency