Search Decisions

Decision Text

AF | BCMR | CY1998 | 9801530
Original file (9801530.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER: 98-01530 
COUNSEL:  None 
HEARING DESIRED:  NO 

APPLICANT REOUESTS THAT: 
The  Enlisted  Performance Report  (EPR)  for the period  7 Feb  97 
through 30 Nov 97 be removed from his records. 

APPLICANT CONTENDS THAT: 

There were not enough days of supervision "to justify a rating of 
this caliber."  The rater supervised him  for 100 days or less, 
not  132 days as reflected on the EPR. He tried to obtain travel 
vouchers  [on  the  rater]  under 'the Freedom  of  Information Act 
(FOIA) to prove his case but has been unsuccessful. 
A copy of applicant's complete submission is at Exhibit A. 

STATEMENT OF FACTS: 

Applicant  is currently serving in the Regular Air  Force in the 
grade of staff sergeant. 
Applicant filed a similar appeal under the provisions of AFI 36- 
2401,  which  was  denied  by  the  Evaluation  Report  Appeal  Board 
(ERAB) on 28 Apr 98. 
EPR profile since 1992 reflects the following: 

PERIOD ENDING 

OVERALL EVALUATION 

10 
20 
7 
11 
6 
6 
6 
6 
*11 

Feb 92 
Jun 92 
Jan 93 
May 93 
Feb 94 
Feb 95 
Feb 96 
Feb 97 
Nov 97 

*  Contested report. 

AIR FORCE EVALUATION: 

The  Chief,  Inquiries/AFBCMR  Section, HQ  AFPC/DPPPWB,  reviewed 
this appeal and states that, if a favorable decision is received 
by  1 May 00, supplemental promotion consideration for cycle 00E6 
for technical sergeant would not be necessary. 

A  copy  of  the  complete  Air  Force  evaluation  is  attached  at 
Exhibit C . 
The Chief, BCMR &  SSB Section, HQ AFPC/DPPPA, also evaluated the 
case and  states that AFI  36-2403 states that periods  of  30 or 
more consecutive [emphasis advisory's] calendar days during which 
the  ratee  did  not  perform  normal  duties  under  the  rater's 
supervision should be deducted from the total number of days of 
supervision. The Chief  wishes  to draw the Board's attention  to 
the attached redacted computer printout, which shows the rater's 
temporary duty  (TDY) schedule during  the  contested period. Not 
one of the rater's TDYs was for 3 0   or more consecutive calendar 
days.  The  applicant  has  provided  nothing  from  the  rater  to 
support his  claim  of  insufficient supervision. Therefore, this 
claim  is  without  basis.  The  Chief  believes  that,  since  the 
applicant's two previous EPRs had an overall rating of  r15,11 he is 
reacting to the  Ir4"  rating of  the contested report.  It  is not 
feasible to compare reports covering different periods of  time. 
No  clarification/explanation  is provided by  the evaluators. The 
Chief  concludes the  EPR  is  accurate  as  written  and  recommends 
denial. 
A copy of the complete Air Force evaluation, with attachments, is 
at Exhibit D. 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

Applicant reviewed the evaluations and states why he believes the 
contested  EPR  should  be  voided.  He  has  been  unable  to  get 
TDY/leave  information  under  the  Freedom  of  Information  Act 
(FOIA) . 
He  believes  the  negative,  low,  and  unsubstantiated 
rating will affect his promotion opportunities. 

His complete rebuttal, with attachments, is 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. 

2 

98-01 530 

3.  Insufficient  relevant  evidence  has  been  presented  to 
demonstrate the existence of probable error or injustice. After a 
thorough  review of  the  evidence of  record  and  the  applicant's 
submission, we  are  not  persuaded  the  contested  EPR  should  be 
voided. The applicant's contentions are duly noted; however, we 
do  not  find  these  uncorroborated  assertions,  in  and  by 
themselves,  sufficiently persuasive  to  override  the  rationale 
provided  by  the  Air  Force.  None  of  the  evaluators  provides 
supporting  statements.  Further,  the  rater  determines  what 
accomplishments are to be  included in an EPR, and the lack of a 
mid-term  feedback  does  not  inherently  flaw  a  report.  The 
applicant has not  substantiated his contentions that  the report 
has  insufficient  days  of  supervision  or  is  an  inaccurate 
assessment of his performance for this particular rating period. 
In  view  of  the  above  and  absent  persuasive  evidence  to  the 
contrary, we  find no compelling basis to recommend granting the 
relief sought. 

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 3 December 1998, under the provisions of AFI 
36-2603 : 

Mrs. Barbara A. Westgate, Panel Chair 
Dr. Gerald B. Kauvar, Member 
Ms. Rita J. Maldonado, Member 

The following documentary evidence was considered: 

Exhibit A.  DD Form 149, dated 26 May 98, w/atchs. 
Exhibit B.  Applicant's Master Personnel Records. 
Exhibit C.  Letter, HQ AFPC/DPPPWB, dated 10 Jun 98. 
Exhibit D.  Letter, HQ AFPC/DPPPA, dated 15 Jun 98. 
Exhibit E.  Letter, AFBCMR, dated 29 Jun 98. 

&&6t& BARBARA A. ddATL 

WESTGAT 

Panel Chair 

3 

98-0 1530 



Similar Decisions

  • AF | BCMR | CY1999 | 9900739

    Original file (9900739.doc) Auto-classification: Denied

    A complete copy of the Air Force evaluation is attached at Exhibit C. The Chief, Appeals & SSB Branch, AFPC/DPPPA, also reviewed this application and indicated that while the applicant contends that he did not receive his two feedbacks during the contested period, they note that the rater indicates in Section V (Rater’s Comments) that feedbacks were conducted on 25 Sep 96 and 6 Mar 97. Air Force policy is that an evaluation report is accurate as written when it becomes a matter of record...

  • AF | BCMR | CY1999 | 9801753

    Original file (9801753.doc) Auto-classification: Approved

    Noting the rater’s statement of support, DPPPA stated the rater indicates he decided to change his evaluation and overall rating based on “performance feedback that was not available during the time of her rating considerations and post discussions with one of her past supervisors.” The rater has not stated what he knows now that he did not know when the original EPR was prepared. Applicant’s complete response is at Exhibit...

  • AF | BCMR | CY1999 | 9802152

    Original file (9802152.doc) Auto-classification: Denied

    In support of her appeal, the applicant provided a personal statement, an Inspector General (IG) Summary Report of Investigation, copies of the contested report and performance feedback worksheets, and other documents associated with the matter under review. The applicant did not provide any information/support from the rating chain on the contested EPR. A complete copy of the DPPPAB evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S...

  • AF | BCMR | CY1999 | 9802342

    Original file (9802342.doc) Auto-classification: Approved

    _________________________________________________________________ AIR FORCE EVALUATION: The Enlisted Promotion and Military Testing Branch, AFPC/DPPPWB, reviewed this application and indicated that should the closeout date be changed from 11 Mar 97 to 7 Oct 96, it would be eligible to be used in the promotion process for the 97E7 cycle (promotions effective Aug 97 - Jul 98). A complete copy of the DPPPAB evaluation, with attachments, is at Exhibit...

  • AF | BCMR | CY2003 | BC-2003-00772

    Original file (BC-2003-00772.doc) Auto-classification: Approved

    In support of his request, the applicant submits a copy of the Evaluation Reports Appeal Board (ERAB) denial letter dated 10 January 2003, a copy of the contested EPR, a copy of the referral EPR notification, a copy of supporting statements from his raters and additional rater, a copy of his TDY voucher, and his letter concerning his former commander. The applicant submitted an appeal to the Evaluation Reports Appeal Board (ERAB) in December 2002 requesting his EPR for the period 12 May...

  • AF | BCMR | CY1998 | 9703510

    Original file (9703510.pdf) Auto-classification: Denied

    However, they do not, in our opinion, support a finding that the evaluators were unable to 3 ' 97-03510 render unbiased evaluations of the applicant's performance or that the ratings on the contested report were based on factors other than applicant's duty performance during the contested rating period. Applicant contends the contested report is an inaccurate account of his performance during the reporting period because the rater did not gather input from other sources pertaining to the...

  • AF | BCMR | CY1998 | 9703627

    Original file (9703627.pdf) Auto-classification: Denied

    Prior to 1989, when LOEs were attached to performance reports and filed in the record, the "from" date of the report was still determined by the close out date of the preceding report. A complete copy of their evaluation is attached at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reviewed the advisory opinions and states that the time that lapsed between the EPR and the validation of the IG Report was more than 35 days. BASIS FOR REQUEST: Applicant bases this...

  • AF | BCMR | CY2001 | 0100107

    Original file (0100107.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 01-00107 INDEX CODE: 111.02 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: The level of review in Section VIII of his Enlisted Performance Report (EPR), closing 18 Aug 98, be upgraded to reflect Senior Rater’s indorsement. The Director, Air Force Review Boards Agency accepted the recommendation by the Board...

  • AF | BCMR | CY1998 | 9703800

    Original file (9703800.pdf) Auto-classification: Denied

    AIR FORCE EVALUATION: The Chief, Inquiries/AFBCMR Section, AFPC/DPPPAB, reviewed this application and indicated that the first time the contested report was considered in the promotion process was cycle 95E7 to master sergeant (promotions effective Aug 95 - Jul 96). A complete copy of the Air Force evaluation is attached at Exhibit C. The Chief, BCMR & SSB Section, AFPC/DPPPA, also reviewed this application and indicated that, although the applicant provides a copy of an unsigned draft EPR...

  • AF | BCMR | CY1999 | BC-1998-01229

    Original file (BC-1998-01229.doc) Auto-classification: Denied

    DPPPA further states that an evaluation report is considered to represent the rating chain’s best judgment at the time it is rendered and once a report is accepted for file, only strong evidence to the contrary warrants correction or removal from an individual’s record. 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. Exhibit E. Letter, AFBCMR, dated 13 Jul 98.