RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-02091
INDEX CODE: 111.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The Enlisted Performance Report rendered for the period 1 Aug 95
through 25 Apr 97 be amended by changing the period of the report to
read 1 Aug 95 through 29 Mar 97, and, the number of days of
supervision be changed from 267 days to 120 days.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The closeout date and the number of days of supervision were
erroneous. If the contested report had closed out on 29 Mar 97, it
would have made the promotion eligibility cutoff date (PECD) and he
would have been promoted.
In support of his appeal, the applicant provided a personal statement,
copies of the contested report, permanent change of station (PCS)
orders, temporary duty (TDY) orders, promotion/testing statistics, and
extracts from AFI 36-2403.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Information extracted from the Personnel Data System (PDS) indicates
that the applicant is currently serving on active duty in the grade of
senior airman, having been promoted to that grade on 2 Jul 95.
Applicant's EPR profile follows:
PERIOD ENDING EVALUATION
1 Mar 94 4
1 Mar 95 5
31 Jul 95 5
* 25 Apr 97 5
25 Apr 98 5
* Contested report.
_________________________________________________________________
AIR FORCE EVALUATION:
The Enlisted Promotion and Military Testing Branch, AFPC/DPPPWB,
reviewed this application and indicated that should the request be
granted, providing he is otherwise eligible, the applicant would be
entitled to supplemental promotion consideration beginning with cycle
97E5. The applicant would become a selectee during this cycle pending
a favorable data verification check and the recommendation of the
commander.
A complete copy of the DPPPAB evaluation is at Exhibit C.
The BCMR and SSB Section, AFPC/DPPPAB, reviewed this application and
recommended denial. According to DPPPAB, it is Air Force policy that
an evaluation report is accurate as written when it becomes a matter
of record. To effectively challenge an EPR, it is necessary to hear
from all the members of the rating chain—not only for support, but for
clarification/explanation. The applicant has failed to provide any
information/support from the indorser or the reviewing commander from
the contested EPR.
DPPPAB noted that the applicant arrived at Goodfellow Air Force Base,
TX in Nov 95, and began retraining into another Air Force Specialty
Code (AFSC) in Jan 96. He successfully completed technical training
in May 1996, and was transferred to Fort George Meade, Maryland. When
he arrived on 17 May 96, he was assigned "casual duty" while waiting
on completion of his security clearance investigation. On 19 Aug 96,
he began working for his rater as confirmed by the 25 Nov 97
memorandum from 29 IS/CC. Since his previous EPR closed out 31 Jul
95, he was already overdue for an annual EPR. In accordance with the
governing directive, he believes his supervisor should have rendered
an EPR after the first 120 days of supervision, with a closeout date
of 29 Mar 97. DPPPAB indicated that he is partially correct.
However, in order to determine when the EPR should have closed out, it
is up to the applicant to provide official travel vouchers for both he
and his supervisor for review. Although he and his rater attest that
his rater was TDY from Nov 96 through Feb 97, he failed to provide
anything official to substantiate his claim.
According to DPPPAB, if the applicant is able to obtain copies of his
rater's travel vouchers, he must include a memorandum from his rater
authorizing his use of the vouchers as part of his appeal package.
The applicant must also provide support from the indorser and
reviewing commander from the EPR. In the event the applicant is able
to obtain additional documentation to support his appeal, DPPPAB
indicated that they would appreciate the opportunity to review it.
A complete copy of the DPPPAB evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant indicated that he is providing all the applicable documents
concerning his request to have the contested report corrected. All of
the individuals in his rating chain who signed the report have signed
his letter providing the necessary clarification/explanation required
to correct this injustice. He truly believes that he has done
everything in his power to provide all the documents necessary for the
board to reach a favorable decision.
Applicant’s complete response and additional documentary evidence are
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. Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice. After reviewing the
available evidence, we are persuaded that corrective action is
warranted in this case. We took particular note of the statements
from the applicant's rating chain supporting his appeal. In view of
the above, and having no basis to question the integrity of the
evaluators, we recommend that the applicant’s record be corrected as
indicated below.
_________________________________________________________________
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 1 Aug 95
through 25 Apr 97 be amended in Section I to show the period of the
report as 1 Aug 95 through 29 Mar 97, the number of days of
supervision as 120 days, and the reason for the report as “Annual.”
It is further recommended that he be provided supplemental
consideration for promotion to the grade of staff sergeant for all
appropriate cycles beginning with cycle 97E5.
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 qualifications 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 he was promoted to the higher
grade on the date of rank established by the supplemental promotion
and that he 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 13 May 99, under the provisions of AFI 36-2603:
Ms. Martha Maust, Panel Chair
Mr. Lawrence R. Leehy, Member
Ms. Rita J. Maldonado, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Jul 98, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPWB, dated 6 Aug 98.
Exhibit D. Letter, AFPC/DPPPAB, dated 31 Aug 98.
Exhibit E. Letter, SAF/MIBR, dated 14 Sep 98.
Exhibit F. Letter, applicant, dated 25 Nov 98, w/atchs.
MARTHA MAUST
Panel Chair
AFBCMR 98-02091
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 116), it is
directed that:
The pertinent military records of the Department of the
Air Force relating to , be corrected to show that the Enlisted
Performance Report, AF Form 910, rendered for the period 1 Aug 95
through 25 Apr 97 be amended in Section I to show the period of the
report as 1 Aug 95 through 29 Mar 97, the number of days of
supervision as 120 days, and the reason for the report as “Annual.”
It is further directed that he be provided supplemental
consideration for promotion to the grade of staff sergeant for all
appropriate cycles beginning with cycle 97E5.
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 qualifications 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 he was promoted to the
higher grade on the date of rank established by the supplemental
promotion and that he is entitled to all pay, allowances, and benefits
of such grade as of that date.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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