RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-03251
INDEX CODE: 111.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The Enlisted Performance Report (EPR) rendered for the period 1 June
1996 through 12 January 1997 be declared void and removed from her records.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She used her chain of command to surface underlying unprofessional
relationship practices she observed within her workcenter. Once she did
she was singled out for constant scrutiny, daily emotional abuse, and
career subversion by both her civilian supervisor, and her civilian flight
chief. As a result, together they wrote and endorsed an undeserved EPR on
her.
She also states that she believes the report to be unjust because of the
personality conflicts that existed between her, her rater, and her rater’s
rater that exploded after she approached the squadron commander about
unprofessional practices she observed going on in her workcenter. After
she reported these findings to the commander, the treatment she received by
her bosses was so unbearable, the commander ended up removing her from the
workcenter altogether, but only after trying to stabilize the situation
before it impacted her career.
In support of the appeal, applicant submits a statement from the commander
stating, “Based upon my personal observations of applicant’s behavior and
performance over the past year, I do not believe the performance report for
the period in question was an objective evaluation...This is the worst
personality conflict I have seen between a supervisor and a subordinate in
sixteen years.”
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
technical sergeant.
The applicant filed a similar appeal under AFI 36-2401, which was denied by
the Evaluation Report Appeals Board (ERAB).
EPR profile since 1995 reflects the following:
PERIOD ENDING EVALUATION OF POTENTIAL
31 May 95 4
31 May 96 4
*12 Jan 97 3
11 Mar 98 4
* Contested report.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Appeals & SSB Branch, AFPC/DPPPA, reviewed this application and
states that at the time the report was rendered, the commander concurred
with the rater and indorser’s overall promotion recommendation. While he
did change some of the ratings on the front of the EPR in Section III,
Evaluation of Performance, he did not upgrade the EPR as was his option.
They also state that it is important to note the rater prepared a fair
performance feedback identifying the applicant’s strong points and areas
needing improvement. She also provided at least two letters of reprimand
(LORs) during the reporting period for dereliction of duty. A review of
the applicant’s rebuttal comments to the LORs reveal the applicant’s
hostile and disrespectful attitude toward the supervisor. They point out
that 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 or require close
supervision may believe that an evaluator is personally biased; however,
the conflict generated by this personal attention is usually professional
rather than personal. The applicant filed a complaint with the Inspector
General (IG) on 13 January 1997 but did not include their findings. She
did, however, admit they did not substantiate her claims. 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 in
its entirety, upgrade the overall rating, or make any other significant
change, providing the applicant is otherwise eligible, the applicant will
be entitled to supplemental promotion consideration commencing with cycle
99E7.
A complete copy of their evaluation, with attachment, is attached at
Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 4 January 1999, copies of the Air Force evaluations were forwarded to
applicant for review and response 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 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 warranting voidance of the
contested report. After reviewing the evidence of record, the Board is
convinced that the contested report is not an accurate assessment of
applicant's performance during the period in question. Based on the
statement submitted from the commander, it appears that a personality
conflict existed between the applicant and the rating official. This
statement also reveals that the possibility exists that the rater was
unable to render an honest assessment of applicant's performance due to the
conflict. In view of the above, the Board recommends that the contested
report be declared void and removed from her records. In addition, we
recommend she be provided supplemental promotion consideration for all
appropriate cycles beginning with cycle 99E7.
_________________________________________________________________
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 June 1996 through 12 January 1997, be
declared void and removed from her records.
It is further recommended that applicant be provided supplemental
consideration for promotion to the grade of master sergeant for all
appropriate cycles beginning with cycle 99E7.
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 27 May 1999, under the provisions of AFI 36-2603:
Mr. Douglas J. Heady, Panel Chair
Dr. Gerald B. Kauvar, Member
Ms. Peggy E. Gordon, Member
Ms. Phyllis L. Spence, Examiner (without vote)
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Oct 98, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPA, dated 17 Dec 98.
Exhibit D. Letter, AFPC/DPPPWB, dated 2 Dec 98, w/atch.
Exhibit E. Letter, AFBCMR, dated 4 Jan 99.
DOUGLAS J. HEADY
Panel Chair
AFBCMR 98-03251
INDEX CODE: 111.02
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 APPLICANT be corrected to show that the Enlisted
Performance Report, AF Form 910, rendered for the period 1 June 1996
through 12 January 1997, be, and hereby is, declared void and removed
from her records.
It is further directed that applicant be provided supplemental
consideration for promotion to the grade of master sergeant for all
appropriate cycles beginning with cycle 99E7.
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
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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.
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