ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-00201, Cse 2
INDEX CODE: 111.02
APPLICANT COUNSEL: NO
SSN HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
In the applicant’s request for reconsideration, he requests the Enlisted
Performance Report (EPR) closing 31 May 90 be removed and replaced with the
“5” EPR closing 31 May 90 and in Section V of the replacement EPR change
the statement to read: “Ratee has established that feedback wasn’t
provided IAW AFR 39-62.” He would also like supplemental promotion
consideration for cycles 99E8 and 00E8.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in the grade of
master sergeant.
A similar appeal was considered and denied by the Board on 8 May 01.
For an accounting of the facts and circumstances surrounding the
applicant's contested EPR, and the rationale of the earlier decision by the
Board, see the Record of Proceedings at Exhibit F.
On 30 Aug 01, the applicant submitted a request for reconsideration,
contending that the indorser (Lt Col H.) spoke with Capt M. and determined
that Capt M. did not provide the feedback and downgraded the EPR because of
mistakes of others. The applicant’s complete submission is at Exhibit G.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
Insufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice. After careful review of the
evidence submitted with this reconsideration request, the majority of the
Board is not persuaded that the contested report is an inaccurate
assessment of the applicant’s performance. The two statements from the
evaluators of the contested report are duly noted; however, it is
apparent there is some discrepancy between these evaluators regarding the
assessment of the applicant’s performance during the contested time
period
and whether or not written feedback was provided. Notwithstanding the
statement from indorser, the majority does not believe the rater did not
or could not properly assess the applicant’s performance - regardless of
whether written feedback was provided. Although the indorser may well
have observed the applicant’s performance, there has been no evidence
presented which would indicate he was in a better position than the rater
to properly assess the applicant’s day-to-day performance. Lastly, while
both statements cast some doubt regarding whether or not written feedback
was performed, the majority notes that lack of feedback, in and of
itself, does not invalidate a performance report. Additionally, the
majority notes the rater indicates that it was her habit to provide oral
and/or written performance feedback to all personnel under her
supervision. In view of the above findings, the majority again finds no
compelling basis to recommend granting the relief sought in this
application.
_________________________________________________________________
RECOMMENDATION OF THE BOARD:
A majority of the panel finds insufficient evidence of error or injustice
and recommends the application be denied.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on October 18, 2001, under the provisions of AFI 36-2603:
Mr. Teddy L. Houston, Panel Chair
Mr. John L. Robuck, Member
Mr. Edward H. Parker, Member
By a majority vote, the Board recommended denial of the application. Mr.
Robuck voted to correct the record and has submitted a Minority Report
which is attached Exhibit H. The following documentary evidence was
considered:
Exhibit F. Record of Proceedings, dated 8 May 01, w/Atchs.
Exhibit G. DD Form 149, dated 30 Aug 01, w Atchs.
Exhibit H. Minority Report.
JOHN L. ROBUCK
Acting Panel Chair
MEMORANDUM FOR THE EXECUTIVE DIRECTOR
AIR FORCE BOARD FOR CORRECTION
OF MILITARY RECORDS (AFBCMR)
FROM: SAF/MRB
1535 COMMAND DR, SUITE 302
ANDREWS AFB, MD 20331-7002
SUBJECT: APPLICANT, SSN
I have carefully reviewed all the circumstances of this case and
agree with the minority member of the panel that the contested Enlisted
Performance Report (EPR) should be voided and removed from the
applicant's records and replaced with an amended reaccomplished report
and he be provided reconsideration for promotion for all appropriate
cycles.
As noted by the minority member, the applicant has submitted new
evidence in support of his request. The new evidence supports the
applicant's contention that he was not given the required mandatory
feedback session. Granted, a rater's failure to conduct a required or
requested feedback session will not, of itself, invalidate any subsequent
EPR. However, the statement from the Indorser persuades me that feedback
was not provided by the rater.
Furthermore, considering the applicant's outstanding performance
history, I believe that the benefit of any doubt should be resolved in
his favor by voiding the contested EPR, replacing it with a
reaccomplished amended report and providing reconsideration for promotion
to senior master sergeant by all appropriate cycles.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
AFBCMR 01-00201
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, SSN, be corrected to show that:
a. The Enlisted Performance Report, AF Form 911, rendered
for the period 1 June 1989 through 31 May 1990, be and hereby is,
declared void and removed from his records.
b. The attached reaccomplished Enlisted Performance Report,
AF Form 911, rendered for the period 1 June 1989 through 31 May 1990,
reflecting an Indorser's Recommendation of an overall "5," be placed in
his records.
c. Section V, of the reaccomplished report be amended to
read: "Ratee has established that feedback wasn't provided in accordance
with AFR 39-62."
It is further directed that he be provided supplemental
consideration for promotion to the grade of senior master sergeant for
all appropriate cycles beginning with cycle 99E8.
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 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
Attachment:
Reaccomplished EPR, closing 31 May 90
The applicant’s board score for the 99E8 board was 397.50. The applicant did provide a letter of recommendation from the commander supporting the upgrading of the EPR ratings and changes to his original comments. It is unreasonable to conclude the commander now, over 10 years later, has a better understanding of the applicant’s duty performance for that time period.
Rather than closing out the report, the commander removed the rater’s name from the reporting official block, assumed the duties of his reporting official, and submitted the report as if he had been his (applicant’s) supervisor for the previous 332 days. However, if the Board recommends removing the report, the applicant will be entitled to supplemental promotion consideration beginning with the 99E8 cycle, provided he is recommended by the commander and is otherwise eligible. A complete...
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A complete copy of the Air Force evaluation, with attachments, is attached at Exhibit C. The Chief, Inquiries/AFBCMR Section, Enlisted Promotion and Military Testing Branch, AFPC/DPPPWB, also reviewed this application and states that the first time the report was considered in the promotion process was cycle 99E8 to senior master sergeant (promotions effective April 1999 - March 2000). A copy of the Air Force evaluation is attached at Exhibit...
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