DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the Assistant Secretary
AFBCMR 97-03024
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 1 16), it is directed that:
declared void and removed from his records.
cords of the Department of the Air Force relatin
corrected to show that the Enlisted Performance
d 28 May 1995 through 27 May 1996, be, and hereby is,
It is further directed that he be provided supplemental consideration for promotion to the
grade of senior master sergeant (E-8) for all appropriate cycles beginning with cycle 96E8.
If AFPC discovers any adverse factors during or subsequent to supplemental
consideration that are separate and apart, and unrelated to the issues involved in this application
that would have rendered the applicant ineligible for the promotion, such information will be
documented and presented to the Board for a final determination on the individual’s qualification
for the promotion.
If supplemental promotion consideration results in the selection for promotion to the
higher grade, immediately after such promotion the records shall be corrected to show that
applicant was promoted to the higher grade on the date of rank established by the supplemental
promotion and that applicant is entitled to all pay, allowances, and benefits of such grade as of
that date.
Air Force Review Boards Agency
i
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
OCT 9 1998
IN THE MATTER OF:
DOCKET NUMBER: 97-03024
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Enlisted Performance Report (EPR), for the period 28 May 1995
through 2 7 May 1996, be declared void and removed from his
records.
~-
~
APPLICANT CONTENDS THAT:
The rater of the report in question, grossly underreported his
(applicant's) performance for the period in question. Appeals to
correct his records were rejected. Intervention by the Senior
Rater to correct the record was ignored/dismissed for irrelevant
reasons. Applicant states that the rater committed an injustice
by inaccurately rating his performance. Substitute reports were
dismissed on the grounds of insufficient details, but the
critical issue was not centered on the wording used in the unjust
report.
In support of his appeal, the applicant submits copies of his two
earlier appeals to the Evaluation Report Appeal Board (ERAB)
under AFI 3 6 - 2 4 0 1 , with reaccomplished EPRs submitted to the
E m .
Applicant's submission is attached at Exhibit A.
STATEMENT OF FACTS
Applicant is currently serving in the Regular Air Force in the
grade of master sergeant (E-7).
Two similar appeals were submitted under AFI 36- 2401, Evaluation
Report Appeal Board (ERAB) which were denied on 3 1 January and
3 July 1997.
Applicant's EPR profile is as follows:
PERIOD ENDING
OVERALL EVALUATION
6 Jun
6 Jun
15 Apr
2 7 May
2 7 May
* 2 7 May
2 7 May
27 May
* Contested report
91
92
93
94
95
96
97
98
AIR FORCE EVALUATION:
The Chief, Inquiries/AFBCMR Section, Enlisted Promotion Branch,
HQ AFPC/DPPPWB, states that the first cycle the contested report
was considered in the promotion process was cycle 9638 to senior
master sergeant.
Should the Board void the report in its
entirety, upgrade the overall rating, or make any other
significant change, provided he is otherwise eligible, applicant
will be entitled to supplemental promotion consideration
beginning with cycle 9638.
A copy of the Air Force evaluation is attached at Exhibit C.
The Chief, Evaluation Procedures Section, HQ AFPC/DPPPEP,
reviewed the application and recommends applicant's request be
denied. They state that it is the responsibility of evaluators
to determine which accomplishments are included on the EPR. The
regulation charges evaluators with rendering fair and accurate
EPRs and ensuring the comments support the ratings. There is no
evidence to indicate either evaluator on the original EPR failed
in his responsibility. Further, the lack of appeal support from
the rater speaks volumes as to his belief the contested EPR is an
accurate and fair assessment of the applicant's achievements and
abilities. A review of the documents provided does not reveal a
violation of regulatory provisions or indicate an injustice has
occurred. It appears this appeal is simply an effort to remove
an "undesirable" report after two transparent attempts to rewrite
history failed.
A complete copy of this Air Force evaluation is attached at
Exhibit D.
The Chief, BCMR and SSB Section, HQ AFPC/DPPP, states that they
concur with the advisory opinions from AFPC/DPPPEP and
AFPC/DPPPWB. They do not believe replacement of the applicant's
EPR is appropriate, nor do they recommend he receive supplemental
promotion consideration. Based on the lack of evidence, they
recommend the applicant's request be denied.
A copy of the Air Force evaluation is attached at Exhibit E.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 12 January 1998 for review and response within 30
days. As of this date, no response has been received by this
office.
THE BOARD CONCLUDES THAT:
The applicant has exhausted all remedies provided by existing
1.
law or regulations.
2. The application was timely filed.
3 . Sufficient relevant evidence has been presented to
demonstrate the existence of probable error or injustice. After
reviewing the documentation submitted with this application, it
appears the applicant was rated on what was considered at the
time, an accurate and impartial evaluation of his performance.
We note there is no statement submitted by the rater of the
contested report.
However, the rater's rater submitted a
statement indicating that he became the Chief, Inspection
Division on 1 April 1996 and immediately began the Wing Quality
Air Force Assessment (QAFA) which lasted from 8 April to 6 May
1996 and this did not afford him an opportunity to observe the
applicant's performance first hand.
He states that as a
newcomer, he relied on the rater to provide an accurate
assessment of applicant's performance. The Senior Rater also
submitted statements in applicant's behalf. In one statement,
the Senior Rater stated that the EPR in question closed out at
the Senior Rater's Deputy level which contained a rating that did
not permit him (Senior Rater) to comment on or sign the EPR.
A
subsequent statement from the Senior Rater indicates that the
rater wrote a report that omitted notable achievements,
underrated the applicant's performance, leadership, managerial
skills, and professional qualities and did not afford him (Senior
Rater) an opportunity to enter comments. It appears that the
Senior Rater was very knowledgeable of the applicant's
performance and accomplishments. Therefore, we recommend the
contested report be declared void and removed from the
3
applicant's records. We note the applicant's two requests to the
ERAB that the contested report be removed and a reaccomplished
EPR, for the same period, be placed in his records. However,
without the complete support of the rater, we believe that
voidance of the report is a more appropriate form of relief. In
addition, applicant should be considered for promotion to the
grade of senior master sergeant by all appropriate cycles in
which the contested report was a matter of record.
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 28 May
1995 through 27 May 1996, be declared void and removed from his
records.
It is further recommended that he be provided supplemental
consideration for promotion to the grade of senior master
sergeant (E-8) for all appropriate cycles beginning with cycle
9638.
If AFPC discovers any adverse factors during or subsequent to
supplemental consideration that are separate and apart, and
unrelated to the issues involved in this application that would
have rendered the applicant ineligible for the promotion, such
information will be documented and presented to the Board for a
final determination on the individual's qualification for the
promotion.
If supplemental promotion consideration results in the selection
for promotion to the higher grade, immediately after such
promotion the records shall be corrected to show that applicant
was promoted to the higher grade on the date of rank established
by the supplemental promotion and that applicant is entitled to
all pay, allowances, and benefits of such grade as of that date.
The following members of the Board considered this application in
Executive Session on 3 September 1998, under the provisions of
AFI 36-2603:
Mr. Henry C. Saunders, Panel Chair
Mr. Joseph G. Diamond, Member
Ms. Peggy E. Gordon, Member
4
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Oct 97, w/atchs.
Exhibit B. Applicant's EPR Records.
Exhibit C. Letter, HQ AFPC/DPPPWB, dated 28 Oct 97.
Exhibit D. Letter, HQ AFPC/DPPPEP, dated 2 Dec 97.
Exhibit E. Letter, HQ AFPC/DPPP, dated 5 Jan 98.
5
DEPARTMENT OF THE A I R F O R C E
HEADQUARTERS AIR FORCE PERSONNEL CENTER
RANDOLPH AIR FORCE BASE TEXAS
MEMORANDUM FOR AFPCDPPPAB
AFBCMR
INTURN
FROM: HQ AFPCDPPPWB
550 C Street West, Ste 09
Randolph AFB TX 78 1 50-47 1 I
SUBJECT: Application for Correction of Military Records
Requested Action The applicant is requesting the AFBCMR void his Enlisted
Performance Report (EPR) closing 27 May 96. We will address tho supplemental promotion
issue should the EPR be voided.
Reason for Request. The applicant claims the rater grossly underreported his
performance for the period in question and intervention by the Senior Rater to correct the record
was ignored/dismissed for irrelevant reasons.
- Facts. See Hq AFPCKIPPPAJ3 Memorandum.
Discussion. The first cycle the contested report was considered in the promotion
process was cycle 96E8 to SMSgt (promotions effective Apr 96 - Mar 97). Should the Board
void the report in its entirety, upgrade the overall rating, or make any other significant change,
provided the applicant is otherwise eligible, he will be entitled to supplemental promotion
consideration beginning with cycle 96E8.
Recommendation. We defer to the recommendation of Hq AFPC/DPPPAB.
Chief Inquiries/AFBCMR Section
Enlisted Promotion Branch
DEPARTMENT OF THE AIR FORCE
HEADQUARTERS AIR FORCE PERSONNEL CENTER
RANDOLPH AIR FORCE BASE TEXAS
MEMORANDUM FOR DPPPAB
SAFfMIBR
FROM: HQ AFPC/DPPPEP
550 C Street West Ste 07
Randolph AFB TX 781504709
SUBJ: Application for Correction of Military Reco
:-
2 Dec 97
REQUESTED ACTION: Applicant requests the Enlisted Pdonnanca Report (EPR) cIoSing
out 27 May 96 be remo~ed from his record.
BASIS FOR REQUEST Applicant bases this rqu& on the allegation the report is unjust and
does not accurately reflect his performance, and that the comments made by the rater's rater are
invalid due to lack of knowledge of the applicant's performance.
BACKGROUND: Applicant submitted an appeal to the Evaluation Report Appeals B d
@RAB) on 21 Oct 96, requesting the contested report be replaced with a new version upgrading
the ratings and adding the senior I8fcT's endorsement. The appeal was denied 31 Jan 97 due to
insufficient proof of injustice. Applicant resubmitted his appeal to the ERAB and was again de-
nied, €or the same m n , on 3 Jul97.
FACTS: Members appealing reports are required to provide sufficient proof to fully substantiate
allegations of error or injustice. Applicant failed to provide sufficient proof in two ERAB appli-
cations, and has further failed to provide any ucidz'tional information to support this appeal to the
BCMR.
DISCUSSION. It is the responsibility of evaluators to determine wbich accomplishments are
included on the EPR. AFI 36-2403,lS Jul94, charges evaluators with rendering fair and accu-
rate EPRs aud ensuring the OOrzuuents suppart the ratings. There is no evidence to indicate either
evaluator on the original EPR failed in his respodbility. Further, the lack of appeal support
&om the rater speaks volumes ati to his belief the contested EPR is an accurate and fair assess-
ment of the applicant's achievements and abilities.
The rater's rater clearly agreed with the original EPR and has not provided support to this request
for removd. As the rater's rater, it was his responsibility to add oommcnts about the applimt's
pa6ormance. The short length of time he was in that role before the closaout date is not an is-
sue; AFI 36-2403 allow evaluators other tsUm the rater to be assigned at any point, even d e r the
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