RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-00390
INDEX NUMBER:111.02, 107.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
/His 10 May 99 Enlisted Performance Report (EPR) be rewritten or
voided from his records. He also requests his Meritorious Service
Medal (MSM) covering the period 2 Jul 97 – 3 Jun 99 be approved.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His EPR was rewritten and downgraded after the original version was
sent forward to be indorsed. He also contends the report should have
been referred to him.
The applicant states that he believes the reasons for the change in
his EPR and why his MSM was cancelled less than 30 days prior to
departure was due to the fact that there was a difference of opinion
between himself and his rater.
In support of his appeal, applicant submits a copy of the contested
performance report, Performance Feedback Worksheets (PFW), letters of
support and emails.
Applicant’s complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Information extracted from the Personnel Data System (PDS) reflects
applicant’s Total Active Federal Military Service Date (TAFMSD) as 17
August 1978. His current Date of Enlistment (DOE) is 13 October 1998.
He is currently serving in the grade of Senior Master Sergeant
(SMSgt), with a Date of Rank (DOR) of 1 September 1996.
The applicant appealed the contested report under AFI 36-2401,
Correcting Officer and Enlisted Evaluation Report, 1 Dec 97, which was
denied by the Evaluation Reports Appeal Board (ERAB). A resume of
applicant’s EPR profile, as reflected in the Personnel Data System
(PDS), follows:
PERIOD CLOSING OVERALL EVALUATION
29 Jan 90 5
29 Jan 91 5
13 Nov 91 5
10 Jun 92 5
10 Jun 93 5
10 May 94 5
10 May 95 5
10 May 96 5
10 May 97 5
10 May 98 5
* 10 May 99 4
10 May 00 5
* Contested Report
Applicant was awarded an MSM covering the period 1 July 1994 to 1 July
1997, for extended tour. Applicant was awarded a second MSM covering
the period 10 June 1999 to 20 June 2000, for Permanent Change of
Station (PCS) from Korea on 06 June 2000.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Appeals and SSB Branch, HQ AFPC/DPPPAB, reviewed this
application and recommended denial based on evidence provided and
findings of the ERAB. They indicate Air Force policy states an
evaluation report is accurate as written when it becomes a matter of
record. In order to effectively challenge an EPR, support and
clarification is needed from the applicant’s rating chain. The
applicant failed to provide any supporting information from the rating
chain but did provide letters of support and character references from
outside of the rating chain. The applicant included two PFWs from the
contested EPR’s rating period. It appears that some improvement areas
were noted, although on the next PFW, the supervisor noted some
improvement but still listed some areas of deficiency. The applicant
also provided a copy of an email in which his rater explained his
markings and comments on the EPR. Denial of the EPR being rewritten
or voided is recommended.
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. The applicant provided a copy of the Recommendation of Decoration
Printout (RDP) dated 3 Apr 99, which was signed by the rating chain.
He also provided a copy of the proposed citation and an email from his
supervisor, which stated that his performance was not what was
expected of a Senior NCO. End of tour decorations are not automatic.
It is the supervisor’s responsibility to recommend or not recommend
for a decoration upon Permanent Change of Station (PCS). Disapproval
of the request for award of the MSM for the period of 2 Jul 97 – 3 Jun
99 was recommended.
A complete copy of the advisory is attached at Exhibit D.
The Chief, Inquiries/AFBCMR Section, HQ AFPC/DPPPWB, reviewed the
application in regards to the supplemental promotion consideration
should the application be approved. Should the board upgrade his EPR
closing 10 May 99, void it entirely, or make any significant change,
the applicant will be entitled to supplemental promotion consideration
beginning with 99E9 promotion cycle to chief master sergeant. If the
applicant is authorized any decorations by the board, once this action
is finalized, a determination can be made as to what supplemental
promotion consideration he may be entitled. HQ AFPC/DPPPWB defers to
the recommendation of AFPC/DPPPAB and AFPC/DPPPR.
A complete copy of the advisory is attached at Exhibit E.
_________________________________________________________________
APPLICANT’S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on
7 April 2000, for review and response within 30 days (Exhibit F). As
of this date, no response has been received by this office. However,
we have received inquiries from members of Congress on the applicant’s
behalf, these inquiries are attached at Exhibit G.
_________________________________________________________________
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
unpersuaded that relief should be granted. Applicant’s contentions
are duly noted and although the applicant submitted numerous letters
of support from outside of his rating chain, there was no evidence of
support within the rating chain to substantiate his contentions.
Therefore, we do not find the assertions submitted by the applicant,
in and by themselves, sufficiently persuasive to override the
rationale provided by the offices of the Air Force. We therefore
adopt the rationale expressed as the basis for our decision that the
applicant has failed to sustain his burden that he has suffered either
an error or an injustice. Hence, 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 07 September 2000 and 09 November 2000, under the
provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Panel Chair
Mr. Laurence M. Groner, Member
Mr. Charlie W. Williams Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 02 Feb 00.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPAB, dated 03 Mar 00.
Exhibit D. Letter, HQ AFPC/DPPPR, dated 09 Mar 00.
Exhibit E. Letter, HQ AFPC/DPPPWB, dated 16 Mar 00.
Exhibit F. Letter, AFBCMR, dated 07 Apr 00.
Exhibit G. Letter, Sen. Schumer, dated 8 May 00, w/atchs.
Letter, C/M Serrano, dated 14 Mar 00, w/atchs.
THOMAS S. MARKIEWICZ
Panel Chair
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...
He also believes the performance feedback worksheet (PFW) does not “mirror” the EPR and his rater based his evaluation “on the moment” and disregarded the Enlisted Evaluation System (EES). _________________________________________________________________ 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 98E6 to technical sergeant (promotions...
A complete copy of the Air Force evaluation is attached at Exhibit C. 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 97E9 to chief master sergeant (promotions effective Jan 98 - Dec 98). However, if the Board upgrades the decoration as requested, it could direct supplemental promotion consideration for cycle 98E9. A complete copy of the Air Force evaluation...
They state it appears the applicant's evaluators took their rating responsibilities seriously, and rated her appropriately in not only their evaluation of her performance but in their promotion recommendation when they compared her with others of the same grade and Air Force specialty. Applicant states the contested report is inconsistent With performance feedback she received during the period covered by the report. It appears the applicant’s evaluators took their rating responsibilities...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 00-02173 INDEX CODE: 111.02 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His Enlisted Performance Report (EPR) rendered for the period 30 Aug 98 through 29 Aug 99 be declared void and removed from his records. Based on the reason(s) for the referral EPR, the applicant’s commander could very well have...
Should the board void the report entirely, or upgrade his EPR closing 31 Aug 99, the applicant will be entitled to supplemental promotion consideration for cycle 00E7 promotion cycle to master sergeant. A complete copy of the advisory is attached at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A complete copy of the Air Force evaluation was forwarded to the applicant on 10 August 2001, for review and response within...
In support of her appeal, the applicant provided a personal statement, an Inspector General (IG) Summary Report of Investigation, copies of the contested report and performance feedback worksheets, and other documents associated with the matter under review. The applicant did not provide any information/support from the rating chain on the contested EPR. A complete copy of the DPPPAB evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S...
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...
_________________________________________________________________ AIR FORCE EVALUATION: The Enlisted Promotion and Military Testing Branch, HQ AFPC/DPPPWB, stated that the first time the contested report was considered in the promotion process was Cycle 98E8 to senior master sergeant (E-8), promotions effective Apr 98 - Mar 99. The Directorate of Personnel Program Management, HQ AFPC/DPPPAB, stated that the applicant included a letter of support from his rater, which reiterates Air Force...
AIR FORCE EVALUATION: The Chief, Inquiries/AFBCMR Section, AFPC/DPPPWB, reviewed this application and indicated that the contested report would normally have been eligible for promotion consideration for the 96E7 cycle to master sergeant (promotions effective Aug 96 - Jul 97). Consequently, he was ineligible for promotion consideration for the 96B7 cycle based on both the referral EPR and the PES Code “Q”. Even if the board directs removal of the referral report, the applicant would not...