RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBERS: 02-00864
INDEX CODE 111.02
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
The Senior Enlisted Performance Report (EPR) closing 16 Mar 01 reflect
a senior rater indorsement.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The rater and additional rater were led to believe he did not qualify
for a senior rater indorsement. He provides supporting statements
from the rater and additional rater of the EPR. The additional rater
indicates she was under the impression the applicant didn’t warrant a
senior rater indorsement because he had failed to complete Senior NCO
Academy. The rater indicates this was one of the first senior NCO EPRs
she had ever written and she had no idea that not having a senior
rater indorsement could have a negative impact. Both note that the
applicant always earned a senior rater indorsement when eligible and
request the error be corrected.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty on 22 Aug 78 and is currently
serving in the grade of master sergeant. During the period in
question, he was the customer service chief with the 374th Comptroller
Squadron at Yokota AB, Japan. His senior NCO evaluation brief
reflects that he has completed Senior NCO Academy. With the exception
of the contested report, the applicant has received senior rater
indorsements on his EPRs starting with the report closing 5 Nov 97.
The remaining relevant facts pertaining to this application are
contained in the applicant's military records (Exhibit B) and in the
letters prepared by the appropriate offices of the Air Force (Exhibits
C and D).
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPWB notes that, in accordance with policy and regulation, a
member normally will not be granted supplemental promotion
consideration if the error or omission appeared on the Data
Verification Record (DVR) or in the Unit Personnel Record Group (UPRG)
and no appropriate corrective or follow up action was taken before the
original board convened. The purpose is to reduce the number of “after
the fact” changes that are initiated in an effort to get a second
promotion opportunity. They confirmed with HQ AFPC/DPPPE on 21 Mar 02
that the applicant did not pursue a change to this EPR through the
Evaluation Reports Appeal Board (ERAB). However, he was building his
case to the AFBCMR prior to 23 Jan 02, the date the promotion board
convened for the 02E8 cycle, the first cycle in which the contested
EPR was considered. DPPPWB believes the circumstances of this case
warrant supplemental promotion consideration, if approved.
A complete copy of the evaluation, with attachment, is at Exhibit C.
HQ AFPC/DPPPEP asserts that, regardless of the rater’s and additional
rater’s intentions, the applicant has not provided a memorandum from
the senior rater acknowledging a willingness to indorse this EPR.
Furthermore, the applicant failed to provide a substitute EPR in the
event the AFBCMR approves this appeal. Without senior rater support,
approval is not recommended.
A complete copy of the evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Complete copies of the Air Force evaluations were forwarded to the
applicant on 19 Apr 02 for review and comment within 30 days. In a
letter dated 16 May 02, the applicant requested a 30-day extension. On
29 May 02, the AFBCMR Staff advised him that extensions of time were
no longer possible because of Congressionally mandated timelines. The
applicant was invited to temporarily withdraw his case if he needed
more time, and was asked to advise the Board of his decision within 30
days. However, as of this date, this office has received no response
or additional documentation from the applicant.
_________________________________________________________________
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 error or injustice. After a thorough review of the
evidence of record and the applicant’s submission, we are not
persuaded at this time that the contested EPR should be amended to
reflect a senior rater indorsement. We are persuaded that this appeal
is not merely an attempt for a second promotion opportunity since the
applicant was building his case before the promotion board convened
for the 02E8 cycle. We also note the applicant had completed Senior
NCO Academy and, except for the report in question, received senior
rater indorsements on his EPRs since 5 Nov 97. The rater and
additional rater support his appeal. However, the applicant has not
provided a statement from the senior rater acknowledging a willingness
to indorse the contested EPR or a reaccomplished report with the
senior rater’s indorsement. He requested an extension of time in order
to obtain the senior rater’s indorsement and the AFBCMR Staff advised
him on 29 May 02 that he could temporarily withdraw his case since
extensions are no longer granted. Regrettably, the applicant neither
withdrew his case temporarily nor provided documents indicating the
senior rater’s support. Therefore, at this time we have no recourse
but to deny the appeal. However, should the applicant provide a
reaccomplished EPR with the senior rater’s indorsement, we would be
inclined to favorably reconsider his application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of 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 22 August 2002 under the provisions of AFI 36-
2603:
Mr. Richard A. Peterson, Panel Chair
Mr. Laurence M. Groner, Member
Mr. George Franklin, Member
The following documentary evidence relating to AFBCMR Docket Number 02-
00864 was considered:
Exhibit A. DD Form 149, dated 26 Feb 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPWB, dated 21 Mar 02, w/atch.
Exhibit D. Letter, HQ AFPC/DPPPEP, dated 8 Apr 02.
Exhibit E. Letter, SAF/MRBR, dated 19 Apr 02.
Exhibit F. Letter, Applicant, dated 16 May 02.
Exhibit G. Letter, AFBCMR, dated 29 May 02.
RICHARD A. PETERSON
Panel Chair
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