RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-02818
INDEX NUMBER: 111.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His 31 August 1999, Enlisted Performance Report (EPR) be corrected or
voided from his records.
_________________________________________________________________
APPLICANT CONTENDS THAT:
There was an error when the report was finally marked. His indorser
signed a blank form and discussed the final rating, but when it was
completed, the final rating was not what he had decided.
In support of the appeal, applicant provided letters from the indorser
and his former squadron commander for the OPR closing 31 August 1999.
His complete submission is 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 29
July 1981. He is currently serving in the grade of Technical Sergeant
(TSgt), with a Date of Rank (DOR) of 1 August 1995.
The applicant appealed the contested report under AFI 36-2401,
Correcting Officer and Enlisted Evaluation Reports, 1 Dec 97, which
was returned without action 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
31 Jan 92 4
31 Jan 93 5
31 Jan 94 5
31 Jan 95 5
01 Jan 96 5
01 Jan 97 5
10 Oct 97 5
31 Aug 98 5
* 31 Aug 99 3
31 Aug 00 5
* Contested Report
_________________________________________________________________
AIR FORCE EVALUATION:
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 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. The applicant would become a
select for this cycle pending favorable data verification and the
commander’s recommendation. He would be assigned Promotion Sequence
Number (PSN) 2338.9, with an effective date and date of rank of 1 Nov
00. Additionally, applicant was selected for the 01E7 cycle and
received PSN 498, with an effective date of 1 Aug 01.
A complete copy of the advisory is attached at Exhibit C.
The Chief, Appeals and SSB Branch, HQ AFPC/DPPPAB, reviewed this
application and recommended denial based on evidence provided. 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 all members
of the applicant’s rating chain. They state that although AFI 36-2403
prohibits evaluators from signing blank or unmarked forms, the
additional rater admits he signed several blank EPR forms before going
on a temporary duty assignment (TDY). Neither rater, additional rater
nor commander identified the individual who erroneously marked the
EPR. That person should provide a statement clearly explaining why he
or she marked the wrong block. Additionally, it is not appropriate to
upgrade the additional rater’s rating to “4” since he would need to
nonconcur with the rater and provide one or more specific reasons for
nonconcurence. Denial of the EPR being rewritten or voided is
recommended.
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 30 days
(Exhibit F). 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. Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice. After reviewing the
evidence of record and the applicant’s submission, the majority of the
Board is convinced that the EPR for the period in question should be
voided. The supporting documents provided by the applicant are
sufficient to cause doubt concerning the fairness and accuracy of the
contested report. In this respect, we note statements provided by the
applicant’s indorser and squadron commander explaining the
circumstances surrounding the rating on the EPR. In view of the
circumstances involved, the majority of the Board recommends that any
doubt be resolved in the applicant’s favor and concludes that the
contested report should be declared void and removed from his records.
_________________________________________________________________
RECOMMENDATION OF THE BOARD:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that the AF Form 910,
Enlisted Performance Report (AB through TSgt), rendered for the period
1 September 1998 through 31 August 1999, be declared void and removed
from his records.
It is further recommended that he be provided supplemental
consideration for promotion to the grade of master sergeant for
promotion cycle 00E7.
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 this promotion, such information will be
documented and presented to the Board for a final determination on the
individual's qualifications for the promotion.
If supplemental promotion consideration results in the selection for
promotion to any higher grade, immediately after such promotion the
records shall be corrected to show that he was promoted to the higher
grade on the date of rank established by the supplemental promotion
and that he 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 20 September 2001, under the provisions of AFI 36-
2603:
Mr. Teddy L. Houston, Panel Chair
Mr. Roscoe Hinton Jr., Member
Mr. Roger E. Willmeth, Member
By a majority vote, the Board voted to grant the request to void the
EPR closing 31 Aug 99. Mr. Houston voted to deny the request and did
not desire to submit a minority report. The following documentary
evidence was considered:
Exhibit A. DD Form 149, dated 22 Jun 01, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPWB, dated 23 Jul 01.
Exhibit D. Letter, HQ AFPC/DPPPEP, dated 01 Aug 01, w/atch.
Exhibit E. Letter, SAF/MIBR, dated 10 Aug 01.
TEDDY L. HOUSTON
Panel Chair
AFBCMR 00-02818
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 AF Form
910, Enlisted Performance Report (AB through TSgt), rendered for the
period 1 September 1998 through 31 August 1999, be, and hereby is,
declared void and removed from his records.
It is further directed that he be provided supplemental
consideration for promotion to the grade of master sergeant for
promotion cycle 00E7.
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 this promotion, such information will be
documented and presented to the Board for a final determination on the
individual's qualifications for the promotion.
If supplemental promotion consideration results in the
selection for promotion to any higher grade, immediately after such
promotion the records shall be corrected to show that he was
promoted to the higher grade on the date of rank established by the
supplemental promotion and that he 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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