RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER: BC-2008-01819 INDEX CODE:	131.00

COUNSEL:	NONE HEARING DESIRED:	YES

APPLICANT REQUESTS THAT:
The AF IMT 910, Enlisted Performance Report (EPR), rendered for the period 7 Sep 05 through 20 Nov 06, be declared void and removed from her record.

APPLICANT CONTENDS THAT:
She should have had an EPR that closed out in Feb 06. Her rater had more than 120 days of supervision. She received a “no notice” Permanent Change of Assignment (PCA) and her commander did not want to do a late report. Her new squadron completed an EPR with only 120 days of supervision, and because they were not aware of her medical issues, and since she had no troops to supervise, they felt a “4” rating was sufficient.

The first injustice occurred when a person of authority did not follow written guidance by the Air Force to save his “on time” record. If he would have accomplished the report as required, her current squadron would not have had to write such a short report. The second injustice occurred when her current squadron made a quick judgment of her without getting all the information regarding her medical history.

In support of her request, applicant provided a Memorandum for Record from her supervisor, copies of her EPRs closing 20 Nov 06,
6 Sep 05, 6 Sep 04, and 6 Sep 03, a Letter of Evaluation for the period 1 May 06 – 21 Jul 06, a memorandum from her Internist, a Physical Profile Serial Report, and a copy of a citation and order for her award of the Air Force Achievement Medal.

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

STATEMENT OF FACTS:
Applicant is currently serving in the Regular Air Force in the grade of staff sergeant.

The following is a resume of the applicant’s EPR profile: PERIOD ENDING	PROMOTION RECOMMENDATION
6 Sep 99	5
6 Sep 00	5
6 Sep 01	5
6 Sep 02	5
6 Sep 03	5
6 Sep 04	5
6 Sep 05	5
* 20 Nov 06	4
20 Nov 07	5
* - Contested Report

AIR FORCE EVALUATION:
HQ AFPC/DPSIDEP recommends denial of the applicant’s request to void her EPR rendered for the period of 7 Sep 05 through 20 Nov 06.

The applicant filed an appeal through the Evaluation Reports Appeals Board (ERAB) under the provisions of AFI 36-2401, Correcting Officer and Enlisted Evaluation Reports. However, the ERAB was not convinced the report was inaccurate or unjust.

DPSIDEP states the contested report is accurate and prepared IAW AFI 36-2406, Officer and Enlisted Evaluation Systems. If an injustice exists, it exists with the report that was never accomplished; not the contested report. Since she did not provide a statement from the commander, HQ AFPC/DPSIDEP investigated further to try and determine if the ratee or rater may have been TDY for more than 30 consecutive days, (44 days for this case to bring it below 120 days), but they found no evidence of either the rater or ratee being TDY. Additionally, DPSIDEP could not confirm whether any other factors, such as leave or other periods of absence took place during that time. Based on the evidence provided, it shows the rater, MSgt E. (now retired) had 164 days of supervision and should have written an EPR closing out in Feb 06 as stated by the applicant. Unfortunately, however, the fact that a report was not accomplished when required, does not make the contested report inaccurate or unjust. When the annual report came due, the new rater was only required to have 120 days of supervision to write the report; this requirement was met.

The complete DPSIDEP evaluation, with attachments is at Exhibit B.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 18 Jul 08, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. To date, a response has not been received.

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 an error or injustice warranting favorable action on the applicant’s request. After a thorough review of the evidence of record, we believe reasonable doubt has been established as to whether or not the contested report is a true and accurate assessment of her performance during the period in question. Based on the evidence provided, in particular the Memorandum for Record prepared by her previous rater, we believe the new rater was unable to objectively assess the applicant’s performance. In our opinion, reasonable doubt exists concerning the accuracy and fairness of the contested report and this doubt should be resolved in favor of the applicant. Accordingly, we recommend that her records be corrected to the extent indicated below.

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 (AB thru TSGT) AF IMT 910, rendered for the period 7 September 2005 through 20 November 2006 be, and hereby is, declared void and removed from her records.

The following members of the Board considered AFBCMR Docket Number BC-2008-01819 in Executive Session on 8 Oct 08, under the provisions of AFI 36-2603:

Panel Chair 
Member 
Member

All members voted to correct the records, as recommended. The following documentary evidence pertaining to Docket Number BC-2008-01819 was considered:

Exhibit A.	DD Form 149, dated 29 Apr 08, w/atchs. Exhibit B.	Letter, AFPC/DPSIDEP, dated 30 Jun 08 Exhibit C.	Letter, SAF/MRBR, dated 18 Jul 08.

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