Search Decisions

Decision Text

AF | BCMR | CY1998 | BC-1998-00238
Original file (BC-1998-00238.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  98-00238
            INDEX NUMBER:  111.02; 111.05
            COUNSEL:  NONE

            HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

The Enlisted Performance Report (EPR) closing 2 June 1996  be  removed
from his record.

___________________________________________________________________

APPLICANT CONTENDS THAT:

Blatant discrimination was encountered in some instances.   Poor  race
relations affected his performance because productivity is the primary
tool used in evaluating recruiter performance.

In support of his request, applicant provided a copy of  his  AFI  36-
2401 appeal package, which  included  the  contested  report,  various
newspaper articles, documentation pertaining  to  Chesterfield  County
Public  Schools  and  Chesterfield  County  Demographic  and  Economic
Profile, notes pertaining to his visits to schools, and  documentation
pertaining to his permanent  change  of  assignment  between  Richmond
Downtown and Richmond Southside, and production evaluation  feedbacks.
(Exhibit A)

___________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data  System  (PDS)  reflects
applicant’s Total Active Federal Military  Service  Date  (TAFMSD)  as
25 June 1986.  He is currently serving on active duty in the grade  of
staff sergeant.

A resume of applicant’s APRs/EPRs follows:

    PERIOD CLOSING     OVERALL EVALUATION

       29 Sep 88 9
       29 Sep 89 9
       17 Apr 90 (EPR) 5
       18 Jan 91 5
       18 Jan 92 5
       18 Jan 93 5
       18 Jan 94 5
       14 Aug 94 5
       14 Aug 95 5
   *    2 Jun 96 3
        2 Jun 97 5
        2 Jun 98 5

* Contested report.  A similar appeal submitted under  the  provisions
of AFI 36-2401 was denied by the Evaluation Report Appeal Board (ERAB)
on 17 November 1997.

___________________________________________________________________

AIR FORCE EVALUATION:

The  Enlisted  Promotion  Branch,   AFPC/DPPPWB,   provided   comments
addressing supplemental promotion  consideration.   Should  the  Board
void the contested report in its  entirety,  or  upgrade  the  overall
rating, providing he is otherwise  eligible,  the  applicant  will  be
entitled to supplemental promotion consideration beginning with  cycle
97E6.  The applicant will not become a selectee during cycle  97E6  if
the Board  grants  his  request.   The  subject  report  will  not  be
considered again in the promotion process until cycle 98E6.   (Exhibit
C)

The BCMR and SSB Section, AFPC/DPPPAB, reviewed this  application  and
recommended  denial.   DPPPAB  noted  applicant   presented   numerous
articles and documents concerning the racial issues being faced by the
community.   However,  he  has  not  substantiated  how  these  issues
affected his EPR.  For instance, DPPPAB does not  understand  how  the
racial issues affected the areas rated in items 3, 4 and 5 of  Section
III of the contested report.  DPPPAB  questions  how  racial  tensions
affect:  “Ratee’s compliance with standards of  dress  and  appearance
(weight and fitness, customs,  and  courtesies)  (Sec  III,  item  3);
“Ratee’s conduct on/off duty (financial  responsibility,  respect  for
authority, support for organizational activities  and  maintenance  of
government facilities)” (Sec III, item 4); and,  “Ratee’s  ability  to
supervise, lead (sets and enforces standards, displays initiative  and
self-confidence,  provides  guidance   and   feedback,   and   fosters
teamwork)” (Sec III, item 5).

DPPPAB stated it is imperative to hear  from  the  evaluators  of  the
report in order to properly evaluate the applicant’s contentions.  The
mere fact they approved his transfer to  a  new  recruiting  territory
does not substantiate that his allegations concerning the  report  are
valid.

The complete evaluation is at Exhibit D.
___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
16 February 1998 for review and comment within 30 days.   As  of  this
date, no response has been received by this office.
___________________________________________________________________

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.   By   regulation,
evaluators are tasked with the responsibility of assessing  a  ratee’s
performance, honestly and to the best of their ability, based on their
observance  of  an  individual’s  performance.   We  have  noted   the
documents provided by the applicant.  However, these documents do not,
in our opinion, support a finding that the evaluators, who  were  also
the evaluators on his prior report, 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.  Nor did we  find  any
evidence  showing  that  the  alleged  poor  race  relations  in   the
surrounding  community  directly   affected   the   applicant’s   duty
performance and ultimately the ratings on the  contested  report.   In
view of the foregoing, and in the absence of evidence to the contrary,
we conclude that there is no basis upon which to  recommend  favorable
action on the applicant’s request.

___________________________________________________________________

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 6 October 1998, under the provisions of  AFI  36-
2603:

      Mr. Michael P. Higgins, Panel Chair
      Ms. Ann L. Heidig, Member
      Mr. Steven A. Shaw, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 Jan 98, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPWB, dated 30 Jan 98.
    Exhibit D.  Letter, AFPC/DPPPAB, dated 25 Feb 98.
    Exhibit E.  Letter, SAF/MIBR, dated 16 Feb 98.




                                   MICHAEL P. HIGGINS
                                   Panel Chair

Similar Decisions

  • AF | BCMR | CY1998 | 9800238

    Original file (9800238.doc) Auto-classification: Denied

    For instance, DPPPAB does not understand how the racial issues affected the areas rated in items 3, 4 and 5 of Section III of the contested report. However, these documents do not, in our opinion, support a finding that the evaluators, who were also the evaluators on his prior report, 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...

  • AF | BCMR | CY1999 | BC-1998-01248

    Original file (BC-1998-01248.doc) Auto-classification: Approved

    In his proposed AFI 36-2401 appeal, applicant contends that his key duties, task and responsibilities were inaccurate; he should not have been rated by another staff sergeant; the statements by the evaluators are incorrect; and his supervision should not have allowed the unsubstantiated and badly written EPR to be entered in his permanent record. In support of his appeal, applicant provided a copy of Summary Report of Investigation, with his rebuttal comments; a proposed appeal package for...

  • AF | BCMR | CY1999 | 9801248

    Original file (9801248.doc) Auto-classification: Approved

    In his proposed AFI 36-2401 appeal, applicant contends that his key duties, task and responsibilities were inaccurate; he should not have been rated by another staff sergeant; the statements by the evaluators are incorrect; and his supervision should not have allowed the unsubstantiated and badly written EPR to be entered in his permanent record. In support of his appeal, applicant provided a copy of Summary Report of Investigation, with his rebuttal comments; a proposed appeal package for...

  • AF | BCMR | CY1999 | 9802111

    Original file (9802111.doc) Auto-classification: Approved

    _________________________________________________________________ AIR FORCE EVALUATION: The Enlisted Promotion Branch, HQ AFPC/DPPPWB, stated that the first time the contested report was considered in the promotion process was Cycle 97E6 to technical sergeant (E-6), promotions effective Aug 97 - Jul 98. It is noted that the applicant will become a selectee for promotion during this cycle if the Board grants his request, pending a favorable data verification check and the recommendation of...

  • 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 | CY1999 | 9801665

    Original file (9801665.doc) Auto-classification: Denied

    (Exhibit A) ___________________________________________________________________ STATEMENT OF FACTS: Information extracted from the Personnel Data System (PDS) reflects applicant’s Total Active Federal Military Service Date (TAFMSD) as 5 January 1988. However, the applicant will not become a selectee during this cycle if the Board grants his request. The complete evaluation is at Exhibit D. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE...

  • AF | BCMR | CY2000 | 9901260

    Original file (9901260.doc) Auto-classification: Approved

    Therefore, DPPPAB recommended the Board direct the removal of the mid-term feedback date from the contested EPR and add the following statement: “Ratee has established that no mid-term feedback session was provided in accordance with AFI 36-2403.” A complete copy of this evaluation is appended at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to applicant on 10 Sep 99 for review and response. The mid-term feedback date be removed...

  • AF | BCMR | CY1999 | 9900726

    Original file (9900726.doc) Auto-classification: Approved

    _________________________________________________________________ AIR FORCE EVALUATION: The Chief, Inquiries/AFBCMR Section, Enlisted Promotion & Military Testing Branch, HQ AFPC/DPPPWB, reviewed this application and states that the first time the contested report was considered in the promotion process was cycle 95E6 to technical sergeant (promotions effective August 95 - July 1996). A complete copy of the evaluation is attached at Exhibit C. The Chief, Promotion, Evaluation and...

  • AF | BCMR | CY1999 | 9802902

    Original file (9802902.doc) Auto-classification: Approved

    Applicant contends his supervisor rendered the contested 3 March 1994 report in reprisal against him and requests the Board remove the report from his record. While the applicant has provided a statement from his former supervisor who states that a recommendation package was submitted, we are not persuaded that his former supervisor had the authority to submit an award recommendation or that the applicant was eligible for an award at the time his supervisor went PCS. If supplemental...

  • 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...