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AF | BCMR | CY1998 | 9402092
Original file (9402092.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDJNGS 

IN THE MATTER OF: 

DOCKET NUMBER:  93-02092 
COUNSEL:  NONE 
HEARING DESIRED:  NO 

His  Enlisted  Performance  Report  (EPR)  closing  8  March  1991  be 
removed from his records. 

He was put under another Staff Sergeant (SSgt) that he out ranked. 
Race played an integral part  in favoritism.  The rater wrote EPRs 
on the applicant and another individual who is African American, as 
is the rater.  The other individual was given a  rr51r rating.  His 
(applicant's) performance was equal to, if not surpassing, compared 
to the other individual. 
His past performance reports should be  looked at  closely.  He has 
been unjustly accused of deteriorating work performance without any 
substantiated evidence.  He has received no  letters of  counseling 
or reprimand, no training deficiencies and certainly no indication 
of a lack of enthusiasm or commitment toward his military career. 
In  support  of  his  request,  applicant  provided  his  personal 
statement, copies of the contested report, an undated and unsigned 
Performance  Feedback  Worksheet,  five  previous  reports  and  one 
subsequenb\report,  five statements in his behalf  from eo-workers, 
three  lettws  of  appreciation  and  three  quality  assurance 
evaluatiQn/in?!p  ion forms.  His complete submission is at Exhibit 
A. 

/3 
i 

a 

Applicant is currently serving on active duty in the grade of Staff 
Sergeant. 
The contested report, rendered for the period 30 April 1990 through 
8 March  1991,  contained  promotion  recommendations  of  11311 
(Satisfactory Performer) . 

Applicant’s APR/EPR profile follows: 

13 Apr 78 
13 Apr 7 9  
4  Jul 80 
4  Jul 8 1  
15 Jun 82 
15 Jun 83 
15 Jun 84 
15 Jun 85 
1 5   Jun 86 
1 5   Jun 87 
15 Jun 88 
15 Jun 89 
29  Apr 90 
8 Mar 9 1  
8  Mar 92 
3 1  Dec 92 
2 2   Oct 93 

# 
* 

6 (Referral) 
7 
8  (w/LOE) 
8 
6 
8 
8 
8 
9 
9 
9 
9 
5  (Exceptional Performer) 
3  (Satisfactory Performer) 
.5 
5 
4  (Excellent Performer) 

#  Rating is based on a scale of 1 to 5 (5 being the highest) 
*  Contested report. 

The  Special  Selection Boards  (SSBs) and  Board  for  Correction of 
Military  Records  (BCMR) Appeals  Section, Directorate of  Personnel 
Program  Management, AFMPC/DPMAJAl,  recommended  denial  stating  an 
evaluation  report  is  considered  to  be  a  fair  and  accurate 
assessment  of  a  rateels  duty  performance  at  the  time  it  is 
rendered.  The  applicant  has  not  provided  any  evidence  to  prove 
otherwise. 

Applicant’s claim  that  he  was  put  under  another  SSgt,  whom  he 
outranked,  is  without  basis.  A  rater  may  be  a  Noncommissioned 
Officer (NCO) serving in a grade equal to or higher than the ratee. 

The  applicant  has  not  provided  evidence  to  substantiate  his 
allegation that  racial  favoritism played  a role  in the rating he 
received on the contested report. 
In regard to applicant’s request that his past performance reports 
be taken into consideration as indicators of his duty performance, 
DPMAJAl stated a report is an evaluation based on the quality and 
quantity  of  individual  performance  during  a  certain  period. 
Therefore,  inconsistencies  in  reports,  past  or  present,  do  not 
invalidate any given report. 
The complete DPMAJAl evaluation is at Exhibit C. 

f 

The  Inquiries/Special Actions  Unit, Promotion Management  Section, 
AFMPC/DPMAJW~, provided  comments concerning supplemental promotion 
consideration.  Should the Board void  the contested report in its 
entirety or upgrade the overall rating, the applicant ,  provided he 
is otherwise eligible, will be  entitled to supplemental promotion 
They  noted  that 
consideration  commencing  with  cycle  93A6. 
applicant  will  not  become  a selectee for promotion during cycles 
93A6  or  94A6  if  the  Board  grants  his  request. 
The  complete 
evaluation is at Exhibit D. 

I 

Copies of the Air Staff evaluations were forwarded to the applicant 
on 13 August  1993  for review and  comment within  30 days.  As  of 
this date, no response has been received by this office. 

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. 
Applicant's  supporting  documents  have  been  thoroughly  reviewed. 
However, we do not find these documents sufficiently persuasive to 
override the rationale expressed by the Air Staff.  By regulation, 
evaluators are required to assess a ratee's performance, honestly 
and to the best of their ability.  We have reviewed the supportive 
statements  and  the  evidence  provided  by  the  applicant. 
While 
laudatory  of  the  applicant's performance,  they  do  not,  in  our 
opinion, provide  an  adequate  basis  to  support  findings that  the 
evaluators  were  unable  to  render  unbiased  evaluations  of  the 
applicant's performance or that the ratings on the contested report 
were based on factors other than the applicant's duty performance 
during the contested rating period.  Applicant contends that he was 
However , 
put  under  another  Staff  Sergeant  whom  he  outranked. 
assignments within  an organization are  at  the  discretion of  the 
officials  in  charge. 
The  applicant  has  not  shown  that  the 
assignment negatively influenced the contested report.  In view of 
the foregoing, we agree with the opinion of the Air Staff and adopt 
their findings to support our conclusion that the applicant has not 
been the victim of an error or injustice and that there is no basis 
upon which to recommend favorable action on his request to remove 
the contested EPR  from his records. 

< 

3 

The  applicant  be  notified  that  the  evidence  presented  did  not 
demonstrate the existence of probable 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. 

The following members of  the Board  considered this application in 
Executive Session on 17 February 1994, under the provisions of AFR 
31-3: 

LeRoy T. Baseman, Panel Chairman 
Thomas S. Markiewicz, Member 
Karen Bingo, Member 

The following documentary evidence was considered: 

Exhibit A.  DD Form 149, dated 13 Oct 92, w/atchs. 
Exhibit B.  Applicant's Master Personnel Records. 
Exhibit C.  Letter, AFMPC/DPMAJAl, dated 13 Jul 9 3 .  
Exhibit D.  Letter, AFMPC/DPMAJWl, dated 19 Jul 93. 
Exhibit E.  Letter, AFBCMR, 

Panel Chairman 

, 

4 



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