Search Decisions

Decision Text

AF | BCMR | CY1999 | 9803450
Original file (9803450.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  98-03450
                             INDEX CODE:  111.02

                             COUNSEL:  NONE

                             HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

The Enlisted Performance Report (EPR) rendered for the period   29 May  1997
through 28 May 1998 be declared void and removed from his records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The indorser threatened him on an incident  with  his  subordinates  and  he
made racial comments about  blacks  and  Jews.   He  does  not  believe  the
indorser had adequate time to evaluate him.

In support of the  appeal,  applicant  submits  a  copy  of  the  Evaluation
Reports Appeal  Board  (ERAB)’s  decision,  a  copy  of  his  AF  Form  948,
Application for Correction/Removal of Evaluation  Reports,  a  copy  of  the
contested report, and five reprisals on his EPR to the Appeals Board,

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,  Correcting  Officer
and Enlisted Evaluation Reports, which was denied by the  Evaluation  Report
Appeals Board (ERAB).

On 25 June 1998, the AFBCMR considered and granted  applicant’s  request  to
void the EPR closing 28  May  1997.   A  complete  copy  of  the  Record  of
Proceedings is attached at Exhibit C.

EPR profile since 1991 reflects the following:



      PERIOD ENDING    EVALUATION OF POTENTIAL

        2 Feb 91            4
        2 Feb 92            5
        1 Nov 93            5
       28 May 94            5
       28 May 95            5
       28 May 96            5
       28 May 97       AF Form 77 (void by
                AFBCMR)
      *28 May 98            4

*  Contested report.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Appeals & SSB Branch, AFPC/DPPPAB, reviewed this application  and
states that in reference to the applicant not  believing  the  indorser  had
adequate time in place to evaluate his duty  performance;  they  state  that
the Air Force charges evaluators with rendering fair and accurate  EPRs  and
ensuring the comments support the ratings.  The fact the indorser was  newly
assigned is not an issue.  Subsequent evaluators are not  required  to  have
first-hand  knowledge  of  the  ratee;  if  they  feel  their  knowledge  is
insufficient, they may  obtain  information  from  other  reliable  sources.
Furthermore, there is no provision for an indorser to have a certain  amount
of days before he can render a performance report.

They further state that the applicant’s  record  contains  an  AF  Form  77,
Supplemental Evaluation Sheet, for the period 29 May  1996  through  28  May
1997 (immediately preceding the contested reporting period).  They note  the
contested EPR reflects many positive accomplishments and do not  believe  it
would be in the applicant’s best interest to remove it from his records,  as
it would  create  a  two-year  gap  with  no  record  of  duty  performance.
Therefore,  based  on  the  evidence  provided,  they  recommend  denial  of
applicant's request.

A complete copy of the evaluation is attached at Exhibit D.

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 is attached at Exhibit E.

_________________________________________________________________




APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 18 January 1999, copies of the Air Force evaluations  were  forwarded  to
applicant for review and response.  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.  After reviewing the  evidence  of
record, we are not persuaded that the contested report is  either  in  error
or unjust.  Applicant contends that the indorsing  official  threatened  him
and made racial comments about blacks and Jews.  However, he has  failed  to
substantiate his allegations.  In this regard, we  note  that  he  indicates
that he filed a complaint through the  chain  of  command  but  he  has  not
provided the results of his  complaints.   In  addition,  we  contacted  the
Inspector General’s office to receive a copy of any investigations filed  by
the applicant and were informed that none existed.  In view  of  the  above,
and in the absence of evidence to the contrary, we find no compelling  basis
to recommend granting the relief sought in this application.

______________________________________________________________

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 26 May 1999, under the provisions of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Panel Chair
                       Mr. Jackson A. Hauslein, Member
                       Mr. Charlie E. Williams, Jr., Member
                       Ms. Phyllis L. Spence, Examiner (without vote)


The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 11 Dec 98, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
       Exhibit  C.  Copy  of  Record  of  Proceeding,  dated  24   Jul   98,
      w/atchs.
      Exhibit D. Letter, AFPC/DPPPAB, dated 5 Jan 99.
      Exhibit E. Letter, AFPC/DPPPWB, dated 21 Dec 98.
      Exhibit F. Letter, AFBCMR, dated 18 Jan 99.




                             THOMAS S. MARKIEWICZ
                             Panel Chair

Similar Decisions

  • AF | BCMR | CY1999 | 9802530

    Original file (9802530.doc) Auto-classification: Approved

    In support of his appeal, the applicant provided a personal statement, copies of several of his EPRs, a statement from the rater and indorser of the contested report, and other documentation relating to his appeal. A complete copy of the Air Force evaluation is attached at Exhibit C. The Chief, BCMR & SSB Section, AFPC/DPPPAB, also reviewed this application and indicated that the applicant was involved in an off- duty domestic incident during the time the contested EPR was being finalized. ...

  • AF | BCMR | CY1999 | 9802290

    Original file (9802290.doc) Auto-classification: Approved

    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...

  • 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 | 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 | CY2000 | 9903326

    Original file (9903326.doc) Auto-classification: Approved

    In support of his request, the applicant submits a personal statement, copies of his AFI 36-2401 application, the Evaluations Reports Appeal Board (ERAB) decision, a statement from his indorser and additional documents associated with the issues cited in his contentions. _________________________________________________________________ AIR FORCE EVALUATION: The Enlisted Promotion and Military Testing Branch, HQ AFPC/DPPPWB, stated that the first time the contested report was considered in...

  • AF | BCMR | CY1999 | BC-1998-00968

    Original file (BC-1998-00968.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: The Chief, Inquiries/AFBCMR Section, AFPC/DPPPWB, reviewed this application and indicated that, the first time the report was considered in the promotion process was cycle 97E7 to master sergeant (promotions effective Aug 97 - Jul 98). While the applicant provided two letters from his rater who claims that she was coerced by her superiors and changed her evaluation of the applicant’s duty performance...

  • AF | BCMR | CY1999 | 9800968

    Original file (9800968.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: The Chief, Inquiries/AFBCMR Section, AFPC/DPPPWB, reviewed this application and indicated that, the first time the report was considered in the promotion process was cycle 97E7 to master sergeant (promotions effective Aug 97 - Jul 98). While the applicant provided two letters from his rater who claims that she was coerced by her superiors and changed her evaluation of the applicant’s duty performance...

  • 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 | CY1998 | BC-1998-01069

    Original file (BC-1998-01069.doc) Auto-classification: Approved

    ___________________________________________________________________ AIR FORCE EVALUATION: The Enlisted Promotion & Military Testing Branch, AFPC/DPPPWB, provided comments addressing supplemental promotion consideration. The complete evaluation is at Exhibit D. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant provided a supporting statement from his commander, who is also the indorser on the proposed reaccomplished...

  • AF | BCMR | CY1998 | 9801069

    Original file (9801069.DOC) Auto-classification: Approved

    ___________________________________________________________________ AIR FORCE EVALUATION: The Enlisted Promotion & Military Testing Branch, AFPC/DPPPWB, provided comments addressing supplemental promotion consideration. The complete evaluation is at Exhibit D. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant provided a supporting statement from his commander, who is also the indorser on the proposed reaccomplished...