RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-02576
INDEX CODE: 111.02
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
The Enlisted Performance Report (EPR) rendered for the period 20 May 1995
through 19 May 1996 be declared void and removed from his records.
_________________________________________________________________
APPLICANT CONTENDS THAT:
In recognition of duty performed in a superior manner, his commander sent
the contested EPR to the indorser (81st Training Wing Commander) for
indorsement. The indorser was to review and send it forward. For personal
reasons and malice he (the indorser) decided not to forward it but to
indorse it himself and downgrade his rating. His EPR downgrade was not
based on his not improving the process, just that wings deployment function
had remained below average with little improvement. The indorser
downgraded the EPR because there was no improvement yet he (indorser)
awarded him the Meritorious Service Medal (MSM) citing improvements were
made during this period. As for being an average performer, he has over 40
National, Air Force, Navy, and Foreign Service decorations for superior
performance and support. He has served in Operations; Eldorado Canyon,
raid on Libya; Just Cause, Panama, Desert Shield and Desert Storm; Provide
Comfort, helping Kurds in Iraq; Deny Flight, Bosnia; Restore Democracy,
Haiti; and Sea Signal, Cuba. He doesn’t think average performers would
receive these decorations. He most recently was awarded the MSM stating
outstanding performance and improvements to the deployment process. The
medal awarded includes the period of this report. He asks that his request
be reviewed and his military records corrected to reflect his true
performance. The contested report has haunted him for too long and
prevented so much.
In support of the appeal, applicant submits a statement from the rater
stating that the applicant’s duty performance was consistently superior
throughout the period that the applicant worked for him in the Combat
Readiness Flight. The applicant is a man of vision and boundless energy.
Both he and the applicant made numerous suggestions to the Wing Mobility
Machine process owners, which were received as innovative and accepted as
immense improvements. The applicant implemented significant improvements
in the Mobility Bag Process, Weapons transport procedures, and the wing
mobility training program. Each of these improvements were reflected in
the MSM given to the applicant’s commander. Yet, their ideas and energy
were met with continual disregard and disrespect for their knowledge,
education and skill in the Mobility arena and seemed only concerned with
shifting the Wing Mobility Mission manpower responsibility from the
Training Group to the Logistics Group. During this period of transition
they successfully trained and certified over 200 new augmentees for their
new responsibility in the Mobility process. Each day the applicant was
intimately involved in the scheduling, training, testing, and exercising of
these newly trained individuals. His degree of concern for the new
trainees and his continual follow-up on minute details of the training
process was always exemplary.
Applicant also submits a statement from the rater’s rater stating that
given another chance to rate applicant on his duty performance, there will
be no hesitation on his part for him (applicant) to get a “5” rating.
Having been a squadron commander twice, he has learned to spot winners
needed to get their unit moving forward. The applicant is one of these
winners he can count on. He stands firm on his “5” EPR rating based upon
his professional judgment of having seen the applicant’s superior
performance in action. He is a true Air Force warrior worthy of a “5” EPR
rating. Upgrading his EPR to “5” based on new facts presented is the right
thing to do.
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
master sergeant (MSgt).
The applicant appealed the contested report twice under the provisions of
AFI 36-2401, Correcting Officer and Enlisted Evaluation Reports, and the
appeals were considered and denied by the Evaluation Report Appeal Board
(ERAB).
The applicant received the Meritorious Service Medal, First Oak Leaf
Cluster, for the period 18 March 1993 to 31 July 1998.
EPR profile since 1992 reflects the following:
PERIOD ENDING EVALUATION OF POTENTIAL
05 Jan 92 5
05 Jan 93 5
19 May 93 5
19 May 94 5
19 May 95 5
* 19 May 96 4 (Downgraded from
a 5)
19 May 97 5
17 May 98 5
* Contested report.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, BCMR and SSB Section, AFPC/DPPPAB, reviewed this application and
states Air Force policy is 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 provided
memorandums of support from his rater and rater’s rater, who from the
beginning, believed the applicant deserved a “5” promotion recommendation
and a senior rater indorsement. However, the applicant did not provide any
information/support from the indorser of the contested EPR who downgraded
the report in the first place. An indorser is required by Air Force policy
to consider the significance of an incident and how often it occurs when
assessing an individual’s duty performance and promotion potential. Only
the indorser of the report knows how much the incident influenced the
report; therefore, the opinions of the individuals outside the rating chain
are not germane in this instance. The applicant fails to realize or
understand that, by virtue of human nature, an individual’s self-assessment
of performance is often somewhat “glorified” compared to an evaluator’s
perspective because it is based on perceptions of self. His report is not
inaccurate or unfair simply because he believes it is. While the applicant
was selected as Senior Noncommissioned Officer (SNCO) of the Quarter for
the third quarter of 1995 - it was the first quarter of the reporting
period. The fact a unit is submitted for an annual unit award doesn’t
automatically mean that all individuals assigned to the unit will get a
firewall “5” evaluation report. The MSM documents his rater’s performance,
not his. It is not unusual for performance to rise and fall during a
reporting period. When an evaluator discovers a serious problem, he must
record the
problem in the evaluation report even when it disagrees with previous
feedback, in this instance, his SNCO of the Quarter award. If the
applicant believes his indorser may have been biased against him, or a
personality conflict existed, he must cite specific examples of the
conflict or bias and provide firsthand evidence clearly indicating how the
conflict prevented the evaluator from preparing a fair and accurate report.
The applicant claims his commander downgraded his report because he made
an innocent statement that was misconstrued by his commander. In worker-
supervisor relationships, some disagreements are likely to occur since a
worker must abide by a supervisor’s policies and decisions. Personnel who
do not perform at expected standards may believe that an evaluator is
personally biased; however, the conflict generated by this personal
attention is usually professional rather than personal. If the applicant
is unable to provide a statement from his indorser, he must obtain official
substantiation of error or injustice from the Inspector General (IG) or
Social Actions. It appears the reports were accomplished in direct
accordance with applicable regulations. It is not feasible to compare one
report covering a certain period of time with another report covering a
different period of time. This does not allow for changes in the ratee’s
performance and does not follow the intent of the governing regulation, AFI
36-2403. 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. One could also conclude, the “4” he received on the
contested EPR may have motivated him to improve his duty performance for
the subsequent reporting period. While it is true that EPRs are an
important factor used in determining promotion potential under the Weighted
Airmen’s Promotion System (WAPS), the contested report is not unjust, in
this instance, simply because the applicant received a “4.” Based on the
evidence provided, they recommend denial of applicant's request.
A complete copy of the evaluation is attached at Exhibit C.
The Chief, Inquiries/AFBCMR Section, AFPC/DPPPWB, also reviewed this
application and states that should the Board void the contested report,
providing the applicant is otherwise eligible, the applicant will be
entitled to supplemental promotion consideration beginning with cycle 97E8.
A complete copy of their evaluation is attached at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the advisory opinions and states AFPC has denied his
request because his indorser does not wish to change his statement/opinion.
If the indorser intended malice towards
him, of course he would not change his rating. For the period in question
the owner of the program has stated many improvements, some specifically by
him. Awards were presented citing improvements of the process. On 18
September 1998, he received a MSM stating that (for the period in question)
the Wing Commander referred to him as “Mr. Mobility” because he did such a
great job with the transportation portion of the deployment function. So
with all these facts that he was not an average performer and the wing
deployment process was so outstanding, how can the indorser’s statement
hold true? An average performer is always an average performer. He has
established a reputation for being outstanding or a superior performer.
Again, he appeals to the Board to correct his military records to reflect
his true performance.
Applicant's complete response is attached at Exhibit F.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing laws 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 evidence of
record and the statements provided by the rater and rater’s rater, we
believe the contested report is not an accurate assessment of the
applicant's duty performance during the period in question. In this
respect, we note the apparent inconsistency between the contested report
and the applicant’s prior and subsequent duty performance, and the
inconsistency in the comments of the evaluators and the rating the
applicant was given. In view of the foregoing, and in an effort to offset
any possibility of an injustice, we believe the contested EPR should be
declared void and removed from his records. In addition, we recommend he
be provided supplemental promotion consideration for all appropriate cycles
beginning with cycle 97E8.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT, be corrected to show that the Senior Enlisted Performance
Report, AF Form 911, rendered for the period 20 May 1995 through 19 May
1996, be declared void and removed from his records.
It is further recommended that applicant be provided supplemental
consideration for promotion to the grade of senior master sergeant for all
appropriate cycles beginning with cycle 97E8.
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 16 February 1999, under the provisions of AFI 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Mr. Mike Novel, Member
Mr. Philip Sheuerman, Member
Ms. Gloria J. Williams, Examiner (without vote)
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 September 1998, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPAB, dated 6 October 1998.
Exhibit D. Letter, AFPC/DPPPWB, dated 16 September 1998.
Exhibit E. Letter, AFBCMR, dated 19 October 1998.
Exhibit F. Applicant’s Response, dated 20 October 1998.
CHARLENE M. BRADLEY
Panel Chair
AFBCMR 98-02576
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 Senior Enlisted Performance
Report, AF Form 911, rendered for the period 20 May 1995 through 19 May
1996, be, and hereby is, declared void and removed from his records.
It is further directed that applicant be provided supplemental
consideration for promotion to the grade of senior master sergeant for all
appropriate cycles beginning with cycle 97E8.
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.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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...
DPPPA indicated that the second DoD/IG complaint in May 97, contending further reprisal alleging that his command denied him an MSM, downgraded his 14 Jun 97 EPR, and assigned him to an inappropriate position, for the protected communication to the IG and wing safety officials, did not substantiate the applicant was the victim of continued reprisal. With regard to applicant’s request for promotion, JA agrees with HQ AFPC/DPPPWB’s assessments that should the Board void or modify either of...
AF | BCMR | CY1998 | BC-1998-00743
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...
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...
Her request for senior rater endorsement on the EPR should not be granted at this time. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reviewed the Air Force evaluations and provides the wing commander’s concurrence of her request for senior rater indorsement. Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice to warrant amending the MSM citation to include...
Rather than closing out the report, the commander removed the rater’s name from the reporting official block, assumed the duties of his reporting official, and submitted the report as if he had been his (applicant’s) supervisor for the previous 332 days. However, if the Board recommends removing the report, the applicant will be entitled to supplemental promotion consideration beginning with the 99E8 cycle, provided he is recommended by the commander and is otherwise eligible. A complete...
A complete copy of the advisory is attached at Exhibit C. The Chief, Awards and Decorations Section, HQ AFPC/DPPPR, reviewed the application for award of the MSM for the period of 2 Jul 97 – 3 Jul 99. It is the supervisor’s responsibility to recommend or not recommend for a decoration upon Permanent Change of Station (PCS). Applicant's Master Personnel Records.
_________________________________________________________________ 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...
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...
_________________________________________________________________ APPLICANT CONTENDS THAT: The EPR was not an accurate assessment of her work performance for the rating period in question. The EPR evaluates the performance during a specified period and reflects the performance, conduct and potential of the member at that time, in that position. She feels with the increased workload of the office that her supervisor was frustrated; but why should she be punished with a downgraded EPR when...