RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-02350
INDEX CODE: 111.02
APPLICANTS COUNSEL: None
SSN HEARING DESIRED: None
_________________________________________________________________
APPLICANT REQUESTS THAT:
The Airman Performance Reports (APRs)/Enlisted Performance Reports
(EPRs) for the periods closing 17 Feb 82, 11 Jan 90, 15 Dec 90, 27
Apr 91, and 27 Apr 92 be declared void.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The ratings she received on several EPRs were not an accurate
assessment of her performance and accomplishments. She feels the
evaluators did not consider pertinent documented information that was
accessible when preparing her EPRs.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant served on active duty from 18 Feb 81 - 15 Aug 92.
The applicant alleges she appealed the contested reports under the
provisions of AFR 31-11, Correction of Airman and Officer and
Evaluation Reports, however, there are no files available to
substantiate this.
Applicant's EPR profile reflects the following:
PERIOD ENDING OVERALL EVALUATION
*17 Feb 82 7
17 Feb 83 9
2 Nov 83 9
2 Nov 84 9
30 Jun 85 9
30 Jun 86 9
30 Jun 87 8
30 Jun 88 9
11 Jan 89 9
NEW SYSTEM
*11 Jan 90 3
*15 Dec 90 3
*27 Apr 91 2
*27 Apr 92 4
* Contested reports.
Applicant was voluntarily released from active duty on 15 Aug 92,
under the provisions of the Special Separation Benefit.
_________________________________________________________________
AIR STAFF EVALUATION:
AFPC/DPPPWB reviewed all the applicant's promotion considerations to
staff sergeant and technical sergeant prior to her separation from
active duty and stated even if the applicant had the APP/EPR weighted
score of 135.00, her total score would not have increased sufficiently
enough to meet the promotion cutoff score needed for promotion
selection for any of the cycles (Exhibit C).
AFPC/DPPPEP states the applicant alleges she filed an appeal under AFR
31-11, Correction of Airman and Officer Evaluation Reports, however,
the applicant did not provide a copy of the Evaluation Reports Appeal
Board (ERAB) decision. DPPPEP maintains case files for three years
and therefore cannot address the ERAB's decision in the applicant's
appeal.
The applicant's contention that the reports closing 17 Feb 82, 11 Jan
90, 27 Apr 91 and 27 Apr 92 are not accurate assessments of her
performance is duly noted, however, Air Force policy is that an
evaluation report is accurate as written when it becomes a matter of
record. They further state, to effectively challenge an EPR, it is
imperative to hear from all the members of the rating chain--not only
for support, but also for clarification and explanation. The
applicant has not provided any information or documented support from
her rating chain on any of the contested reports. When information is
absent from the rating chain--documentation from other official
sources, i.e., Inspector General, Military Equal Opportunity is
appropriate; the applicant has not provided any supporting
documentation with this case.
The applicant also alleges she received a referral EPR closing 27 Apr
91, however, in reviewing her records they do not find a referral
memorandum or rebuttal comments attached to the EPR on file. The
rater has the final decision in determining whether a report will be a
referral. Therefore, since the applicant has
not provided support from her evaluators or a copy of the referral
memorandum or rebuttal comments proving the report was referred, they
must presume the evaluators and commanders decided not to refer the
report. There is no requirement to route EPRs with the overall rating
of "2" through the Staff Judge Advocate, or complete non-judicial
punishment paperwork.
The applicant feels the EPR that closed out on 27 Apr 91 should not
have been considered in the promotion cycle, because she had forwarded
that report to the ERAB. All reports are factored in "as is" unless
voided or changed by the ERAB. Enlisted promotions will give a member
supplemental promotion consideration after the ERAB voids or changes a
report, if the member requests supplemental consideration.
A report is not considered erroneous or unfair because the member
believes it is. There are many factors that may cause a change in
performance standards, thus producing changes in ratings and comments--
the member's ability to adapt to a new position, station or
supervisor. To change a report simply because the applicant feels
there was no consistency in the reports she received is inappropriate.
The applicant has only provided her retrospective view of the facts
and circumstances, none from any official source, therefore based on
information provided, DPPPEP recommends denying the applicant's
request.
A complete copy of their evaluation is attached at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR STAFF EVALUATION:
The applicant forwarded an e-mail stating that she wanted to ensure
accurate information pertaining to her case is being reviewed. She
further states that a letter from DPPPWB recommends that the appeal,
in reference to the contested EPRs, be denied. She makes reference to
receiving an evaluation report in Oct 89 and not in Jan 90 and she
received an annual report in Oct 90. She received a mandatory EPR in
92, corresponding with her separation date of Jul/Aug 92. She was
transferring between stations in Apr 92 and there may be some
confusion because she also took some administrative leave between
transfers. She thinks the Apr 92 date may have been mistakenly placed
in her file (Exhibit F).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure of timely file.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice. After reviewing the
evidence submitted with this appeal, the Board notes that the
applicant has not submitted any supporting documentation from the
various rating chains and has failed to provide sufficient evidence
showing that the contested reports were not accurate assessments as
rendered. The Board finds no evidence that the rating chains could
not render objective evaluations of the applicant’s performance on the
contested reports. In view of the above findings, the Board agrees
with the opinion and recommendation of the Air Force and adopts their
rationale as the basis for our conclusion that the applicant has not
been the victim of an error or injustice. Therefore, 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 15 November 2001, under the provisions of AFI 36-
2603.
Mr. Henry Romo, Jr., Panel Chairman
Mr. Clyde L. Williams, Member
Mr. Ann-Cecile McDermott, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Aug 01, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPWB, dated 6 Sep 01.
Exhibit D. Letter, AFPC/DPPPEP, dated 13 Sep 01.
Exhibit E. Letter, SAF/MIBR, dated 28 Sep 01.
Exhibit F. Applicant's Response.
HENRY ROMO, JR.
Panel Chair
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