RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-01229
INDEX CODE: 111.02
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
The Enlisted Performance Report (EPR) rendered for the period 11 Mar
96 through 10 Mar 97 be declared void and removed from her records.
_________________________________________________________________
APPLICANT CONTENDS THAT:
During the period in question, a serious personality conflict
developed between the rater and herself. The problems developed
because the rater was being forced to retire from the Air Force and
her career should not suffer because of a disgruntled Air Force
officer. Previous EPRs written and/or indorsed by the rater are true
assessments of her performance.
Applicant’s complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s Total Active Federal Military Service Date is 27 Jul
87. She is current serving in the Regular Air Force in the grade of
staff sergeant, effective, and with a date of rank (DOR) of 1 Feb 95.
Applicant’s Airman Performance Report (APR) and EPR profile follows:
PERIOD ENDING OVERALL EVALUATION
26 Jul 88 9
26 Jul 89 4 (New rating system)
26 Jul 90 4
10 Mar 91 4
10 Mar 92 5
10 Mar 93 5
10 Mar 94 5
10 Mar 95 5
10 Mar 96 5
* 10 Mar 97 3
8 Sep 97 4
30 Jun 98 5
* Contested report.
Two similar applications were submitted under the provisions of AFR 36-
2401, Correcting Officer and Enlisted Evaluation Reports. On the
first application, the Evaluation Reports Appeal Board (ERAB) was not
convinced by the applicant’s documentation and denied the appeal. On
the second application, the applicant failed to provide any new
documentation and indicated she desired reconsideration of her appeal
and approval based on the quality of her records. Since no new
documentation was presented, the ERAB declined to reconsider her
request.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Inquiries/AFBCMR Section, AFPC/DPPPWB, reviewed this
application and indicated that the first time the contested report was
considered in the promotion process was cycle 98E6 to technical
sergeant (promotions effective Aug 98 - Jul 99). Should the Board
void the report in its entirety, or upgrade the overall rating,
providing she is otherwise eligible, the applicant will be entitled to
supplemental promotion consideration beginning with cycle 98E6. The
applicant will not become a selectee during this cycle if the Board
grants the request.
A complete copy of the Air Force evaluation is attached at Exhibit C.
The Chief, BCMR & SSB Section, AFPC/DPPPA, also reviewed this
application and indicated that disagreements in the work place are not
unusual and, in and of themselves, do not substantiate an evaluator
cannot be objective. Noticeably absent is a statement from anyone in
the rating chain at the time the report was rendered to confirm/deny
the allegation. Instead, the applicant has provided statements from
other personnel not in the rating chain. The letters of support and
other extraneous documents which she provides are not germane to the
report in question. None of the testimonials the applicant submits
state the evaluators rated her inaccurately. Further, DPPPA is not
convinced of their ability to more accurately assess her performance
considering they were not the individuals charged with performing this
responsibility. Further, the applicant has not provided specific
instances based on firsthand observation which substantiate the
relationship between her and her rater was strained to the point that
an objective evaluation was impossible. If a personality conflict was
as evident as the applicant perceived, DPPPA believes the indorser
would have noted this and made any necessary adjustment(s) to the
applicant’s EPR. The indorser concurred with the evaluation as
written, and, as such, DPPPA can only conclude the contested EPR is
accurate as written.
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 burden of proof is on the applicant and she has not substantiated
the contested report was not rendered in good faith by all evaluators
based on knowledge available at the time. Further, while she contends
the contested report is inconsistent with previous performance, 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. Based on the evidence provided, DPPPA recommends denial
of applicant’s request.
A complete copy of their evaluation is attached at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to applicant on
13 Jul 98 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 a thorough review
of the evidence of record and applicant’s submission, we are not
persuaded that the contested report should be declared void and
removed from her records. Her contentions are duly noted; however, we
do not find these assertions, in and by themselves, sufficiently
persuasive to override the rationale provided by the Air Force. We
therefore agree with the recommendation of the Air Force and adopt the
rationale expressed as the basis for our decision that the applicant
has failed to sustain her burden that she has suffered either an error
or an injustice. Therefore, we find no compelling basis to recommend
granting the relief sought.
_________________________________________________________________
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 4 March 1999, under the provisions of Air Force
Instruction 36-2603:
Mr. Douglas J. Heady, Panel Chair
Mr. Joseph A. Roj, Member
Ms. Peggy E. Gordon, Member
Mrs. Joyce Earley, Examiner (without vote)
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Apr 98, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPWB, dated 25 Jun 98.
Exhibit D. Letter, AFPC/DPPPA, dated 29 Jun 98.
Exhibit E. Letter, AFBCMR, dated 13 Jul 98.
DOUGLAS J. HEADY
Panel Chair
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.
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. ...
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