Search Decisions

Decision Text

AF | BCMR | CY1998 | 9800813
Original file (9800813.pdf) Auto-classification: Denied
RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 
DOCKET NUMBER:  98- 00813 
COUNSEL:  NONE 

SEP  1 6  1998 

HEARING DESIRED:  YES 

APPLICANT REOUESTS THAT : 
The  Enlisted  Performance  Report  (EPR) rendered  for  the  period 
6  April  1 9 9 4   through 5  April  1 9 9 5   be  declared void  and  removed 
from his records. 

APPLICANT CONTENDS THAT: 

The contested APR is unwarranted and unjustified. 

He states that his rater did not obtain input from others; that 
senior management  showed reprisal against him  and  directed  the 
rater to downgrade the report from a " 5 "   rating to a '4"  rating; 
that the close-out date of  the report should be  5  January 1 9 9 5 ;  
that he was not given any indication that his performance was not 
outstanding;  and,  that  the  report  is  inconsistent  with  his 
previous and subsequent duty performance. 

Applicant's complete submission is attached at Exhibit A. 

STATEMENT OF FACTS: 

The  applicant  is currently serving in the-Regular Air  Force  in 
the grade of staff sergeant. 
The  applicant  filed  an  appeal  under  AFI  36- 2401,  Correcting 
Officer and Enlisted Evaluation Reports, which was denied by the 
Evaluation Reports Appeal Board  ( E m ) .  
EPR profile since 1992  reflects the following: 

EVALUATION OF POTENTIAL 

PERIOD ENDING 

5  April 1 9 9 2  
5  April 1993 
5  April 1 9 9 4  
"5  April 1 9 9 5  
5  April 1 9 9 7  

98-008 13 

*  Contested report. 

AIR FORCE EVALUATION: 

c  _L. 

The  Acting  Chief, BCMR  and  SSB  Section, AFPC/DPPPAB,  reviewed 
this  application  and  indicates that  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. 
They 
understand  the  applicant's  desire  to  have  the  report  removed 
because  of  the  promotion  advantage. 
However,  they  strongly 
recommend applicant's request be denied. 

A complete copy of the evaluation is attached at Exhibit C. 

The  Chief, Inquiries/AFBCMR Section, AFPC/DPPPAB, also reviewed 
this application and  indicated that  if  the  contested report  is 
removed, applicant  will  be  entitled  to  supplemental  promotion 
consideration to technical sergeant beginning with cycle 9636. 

A complete copy of their evaluation is attached at Exhibit D. 

APPLICANT'S REVIEW OF AIR FORC E EVALUATION: 

Applicant  reviewed the evaluations and has provided comments to 
each paragraph of  the  evaluation concerning the  removal of  the 
contested report. 

In  addition, he  states  that  he  is  aware  of  the  importance  of 
having as many  letters as possible  from individuals with  first 
hand  knowledge of  any  facts and  circumstances relating  to  his 
appeal.  It's  just very hard  to get  these people who have this 
critical knowledge to offer their support in situations such as 
this, especially when they have reason to Feel reprisal because 
these individuals are still assigned to that unit and are under 
that  same  management.  He  has  spoken  to  a  few  people  still 
assigned  to  that  unit  who  told  him  in  fact  they  know  he  was 
treated unfair and unjust.  These  individuals also stated that 
supervision and management  still continuesto display  favoritism 
and  preferential  treatment  towards  certain individuals.  These 
individuals inclined not to voice their opinions because of their 
fear of reprisal by the unit's  leadership. 

Applicant  states  that  all  he  is  asking  is  for  all  of *the 
circumstances relating  to  his  case be  thoroughly  investigated. 
He hopes he  could be  granted a hearing  in order for him  to be 
able  to  better  present  his  case.  It's  only  right  for  every 
individual to be rated solely on their performance and abilities. 

2 

98-00813 

Applicant's complete response, with attachments, is attached at 
Exhibit F. 

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.  We took 
notice of the applicant's complete submission in judging the merits 
of the case; however, we agree with the opinion and recommendation 
of  the Air  Force  and  adopt  their rationale  as  the basis  for the 
conclusion that the applicant has not been the victim  of an error 
Therefore,  in  the  absence  of  evidence  to  the 
or  injustice. 
contrary, we  find  no  compelling basis  to  recommend  granting  the 
relief sought in this application. 

4.  The applicant's case is adequately documented and  it  has not 
been shown that a personal appearance with or without counsel will 
materially  add  to  our  understanding  of  the  issue(s1  involved. 
Therefore, the request for a hearing is not favorably considered. 

THE BOARD DETERMINES THAT: 

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 27 August  1998, under  the provisions  of  AFI 
36-2603: 

Mr. David W. Mulgrew, Panel Chair 
Mr. Jackson A. Hauslein, Member 
Mr. Terry A. Yonkers, Member 
Ms. Phyllis L. Spence, Examiner  (without vote) 

3 

' 

I

.

 

The following documentary evidence was considered: 

98-008 13 

Exhibit  A. DD Form 149, dated 25 Mar 98, w/atchs. 
Exhibit  B. Applicant's Master Personnel Records. 
Exhibit  C. Letter, AFPC/DPPPAB, dated 1 May 98. 
Exhibit  D. Letter, AFPC/DPPPWB, dated 21 Apr 98. 
Exhibit  E. Letter, AFBCMR, dated 11 May  98. 
Exhibit  F. Applicant's  Response, undated,  w/atchs. 

<  L 

DAVID W.  MULGREW 
Panel Chair 

U 

4 



Similar Decisions

  • AF | BCMR | CY1999 | 9802525

    Original file (9802525.doc) Auto-classification: Denied

    DPPPAB stated that the applicant has failed to provide any information/support from the rating chain on the contested EPR. Air Force policy states that only 120 days of supervision are required before accomplishing an EPR; and the EPR was designed to provide a rating for a specific period of time based on the performance noted during that period, not based on previous performance. He did provide evidence with his application that the performance feedback statement is false.

  • AF | BCMR | CY1998 | 9800575

    Original file (9800575.pdf) Auto-classification: Denied

    The rater states that during the reporting period he rated applicant’s performance as an overall “2’, based upon the fact that he believed at the time that he was not ready for advancement to the rank of master sergeant. In reference to the applicant asserting the indorsers from the contested report did not have firsthand knowledge of his duty performance and were therefore, unable to render a proper evaluation of his duty performance; they state that the Air Force charges evaluators with...

  • AF | BCMR | CY1999 | 9801635

    Original file (9801635.doc) Auto-classification: Approved

    In his submissions to the Evaluation Reports Appeal Board (ERAB), he illustrated his insufficient training, his attempts to get training, and the different conversations he had with the rater concerning his duty performance and accomplished workload tasks. The applicant contends he did not receive the 28 Jun 96 feedback session as indicated on his 16 Nov 96 EPR; however, he did not provide anything from his evaluator to support his allegation. Especially in view of the fact that the report...

  • AF | BCMR | CY1998 | BC-1998-00743

    Original file (BC-1998-00743.doc) Auto-classification: Approved

    He receive supplemental promotion consideration for promotion to the grade of Chief Master Sergeant (E-9) by the promotion cycle 97E9. A copy of the Air Force evaluation is attached at Exhibit D. _________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 4 May 1998 for review and response within 30 days. In view of the foregoing, we recommend the contested report be...

  • AF | BCMR | CY1998 | 9800743

    Original file (9800743.doc) Auto-classification: Approved

    He receive supplemental promotion consideration for promotion to the grade of Chief Master Sergeant (E-9) by the promotion cycle 97E9. A copy of the Air Force evaluation is attached at Exhibit D. _________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 4 May 1998 for review and response within 30 days. In view of the foregoing, we recommend the contested report be...

  • AF | BCMR | CY1999 | 9802290

    Original file (9802290.doc) Auto-classification: Approved

    On 9 September 1997, the applicant wrote to the 39th Wing IG alleging he had experienced reprisal by his squadron commander for giving a protected statement to an IG investigator during a separate IG investigation on 15 and 19 July 1997. The applicant alleged the squadron commander withheld a senior rater endorsement to [the EPR in question]. _________________________________________________________________ AIR FORCE EVALUATION: The Chief, Inquiries/AFBCMR Section, HQ AFPC/DPPPWB, reviewed...

  • AF | BCMR | CY1998 | 9702709

    Original file (9702709.pdf) Auto-classification: Denied

    On 18 January 1994, the applicant received a second LOR for failure to pay a debt to the Army and Air Force Exchange Service (AAFES). In regards to the applicant stating that the contested EPRs are inconsistent with previous performance; the EPR was designed to provide a rating for a specific period of time based on the performance noted during that period, not based on previous performance. A complete copy of their evaluation is attached at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE...

  • AF | BCMR | CY1998 | 9703508

    Original file (9703508.pdf) Auto-classification: Approved

    The applicant appealed the contested report under the provisions of AFI 36-2401, Correcting Officer and Enlisted Evaluation Reports, and the appeal was considered and denied by the Evaluation Report Appeal Board (ERAB). A complete copy of the evaluation, with attachment, is attached at Exhibit C. 97-02238 The Chief, Inquiries/AFBCMR Section, Airman Promotion Branch, HQ AFPC/DPPPWB, also reviewed this application and states that should the Board void the contested report, and providing...

  • AF | BCMR | CY1999 | 9801624

    Original file (9801624.doc) Auto-classification: Denied

    He also provided documentation presented with his appeal submitted under the provisions of AFI 36-2401 to the Evaluation Reports Appeal Board (ERAB), which included copies of the contested reports; a Performance Feedback Worksheet, dated 14 Mar 96; documentation associated with a letter of reprimand received during the contested rating period; documentation associated with his training records; and several statements of character reference from co-workers and acquaintances. While...

  • AF | BCMR | CY2000 | 0002173

    Original file (0002173.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 00-02173 INDEX CODE: 111.02 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His Enlisted Performance Report (EPR) rendered for the period 30 Aug 98 through 29 Aug 99 be declared void and removed from his records. Based on the reason(s) for the referral EPR, the applicant’s commander could very well have...