RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-01970
							INDEX CODE:  111.02
  							COUNSEL:  NONE

  							HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  23 December 2008

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APPLICANT REQUESTS THAT:

His Enlisted Performance Report (EPR) rendered for the period 8 December 2003 through 15 June 2004 be voided and removed from his records or the promotion recommendation be changed.

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APPLICANT CONTENDS THAT:

The feedback date is incorrect; the feedback does not support the mark down ratings; the mark down in leadership is not supported by the quote in Section V from the 5 BW/CV; pen and ink changes were made to the EPR after the close-out date; and the performance evaluation and rater’s comments are contradictory.  

In support of his request, the applicant submits copies of his EPRs closing 15 June 2004 and 7 December 2003, and his 27 January 2004 Performance Feedback Worksheet.  

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

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STATEMENT OF FACTS:

According to the Military Personnel Data System (MilPDS) the applicant is currently serving on active duty in the rank of technical sergeant (E-6) with a date of rank of 1 May 2007.  He has a Total Active Federal Military Service Date of 8 April 1998 and a projected date of separation of 2 July 2008.  

The following is a resume of the applicant’s EPR profile:

	PERIOD ENDING		PROMOTION RECOMMENDATION

     7 Dec 99 (A1C)				5
     7 Dec 00 (SrA)				5
     7 Dec 01				5
     7 Dec 02 (SSgt)				5
     7 Dec 03				5
    15 Jun 04*				4
    30 Apr 05				5
    30 Apr 06				5
    30 Apr 07				5

* Contested report 

As a result of the ERAB decision on 6 July 2007, AFPC/DPPPE changed the applicant’s feedback date in Section V of the contested report to reflect 27 January 2004 versus 7 December 2003. 

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AIR FORCE EVALUATION:

AFPC/DPPPEP recommends denial of the applicant’s request to void his EPR or change the promotion recommendation.  DPPPEP states the applicant’s request was forwarded to the Evaluation Report Appeals Board (ERAB) for review.  The ERAB changed the feedback date to 27 January 2004, but denied voiding the report or changing the promotion recommendation.  With the exception of the feedback date, the applicant’s request is prohibited in accordance with Air Force Instruction 36-2401, paragraph 1.3.1 and paragraph 1.3.4.  An incorrect feedback date and administrative corrections to an evaluator’s signature date after the close-out date of the report are not grounds for, nor warrant voiding an EPR.  These are authorized administrative corrections.  The applicant contends comments made on his EPR are inconsistent with the assigned ratings; however, ratings are not erroneous or unjust because the applicant believes they are inconsistent or contradictory to the comments.  An evaluation report is considered to represent the rating chain’s best judgment at the time the report is rendered.  Once a report is accepted for file, only strong evidence to the contrary warrants removal of the report from the applicant’s record.  The burden of proof is on the applicant and he failed to provide substantiating evidence that warrants voiding his EPR or changing the promotion recommendation.  

The AFPC/DPPPEP evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 27 July 2007, 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 probable error or injustice warranting favorable consideration of the applicant’s request to void the contested report and remove it from his records or as an alternative, the promotion recommendation be changed.  We note the applicant’s assertions; however, with the exception of the feedback date, we find no persuasive documentation was provided to support these contentions.  Concerning the feedback date on the contested EPR, we note that AFPC administratively corrected the applicant’s feedback date from 7 December 2003 to correctly reflect 27 January 2004.  In view of the above and in the absence of evidence showing the contested report is an inaccurate depiction of his performance during the evaluation period, we agree with the opinion and recommendation of the Air Force office of primary responsibility.  Accordingly, his request to void his EPR or change the promotion recommendation is not favorably considered.

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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 24 October 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2007-01970:

	Exhibit A.  DD Form 149, dated 14 Jun 07, w/atch.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPPPEP, dated 9 Jul 07.
	Exhibit D.  Letter, SAF/MRBR, dated 27 Jul 07.