Search Decisions

Decision Text

AF | BCMR | CY2002 | BC-2002-02982
Original file (BC-2002-02982.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2002-02982
                                        INDEX CODE:  111.02
  XXXXXXXXXXXXXXXXXXXXXXXXX       COUNSEL:  NONE

  XXXXXXXXXXXXXXXX                      HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her Enlisted Performance Report (EPR) rendered for the period of 11  January
1999 through 15 September 1999 be upgraded from an overall rating of “4”  to
an overall rating of a “5” or the report be removed from her records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her indorser  and  commander  were  unaware  of  her  situation  during  the
reporting period in question,  creating  an  inaccurate  evaluation  of  her
performance.

In support of her request,  applicant  submits  a  copy  of  the  Evaluation
Reports Appeal Board (ERAB) denial letter dated 21 September  2000,  a  copy
of the contested EPR, a copy of two performance  feedback  worksheets  dated
28 April 1999 and 4 August 1999, supporting statements from  her  additional
rater and commander, and copies of seven character reference letters.

The applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The Military Personnel Database (MilPDS) indicates  applicant  has  a  Total
Active  Federal  Military  Service  Date  of  18  November  1996.   She  has
continually served on active duty and has  been  progressively  promoted  to
the grade of technical sergeant (E-6), effective and with a date of rank  of
1 February 2002.  The MilPDS reflects the applicant  has  been  awarded  the
Air Force Achievement Medal and the Air Force Commendation  Medal  with  two
Oak Leaf Clusters.

On 1 December 1997, the applicant submitted  an  appeal  to  the  Evaluation
Reports Appeal Board (ERAB) requesting her EPR for  the  period  11  January
1999 through 15 September 1999  be  upgraded  from  an  overall  “4”  to  an
overall “5.”  On 21  September  2000,  the  ERAB  notified  the  applicant’s
military personnel office that her appeal  was  considered  and  denied.   A
copy of the ERAB’s decision is included with Exhibit A.

The following is a resume of the applicant’s EPR profile:

      PERIOD ENDING          PROMOTION RECOMMENDATION

     6 Apr 96                     5
     6 Apr 97                     5
     6 Apr 98                     5
    10 Jan 99                     5
    15 Sep 99*                    4
    15 Sep 00                     5
    14 Sep 01                     5
    14 Dec 02                     5

* Contested report

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPE  recommends  denial.   DPPPE  indicates  the  ERAB   denied   the
applicant’s appeal because she failed to  provide  the  specific  mitigating
circumstances  that  prevented  the  additional  rater  and  indorser   from
providing  an  accurate  evaluation.   DPPAE  concurs  and  states  that  in
accordance with AFI 36-2401,  Correcting  Officer  and  Enlisted  Evaluation
Reports dated 1  December  1997,  if  other  evaluators  support  an  appeal
because they were unaware of a conflict at the  time,  they  should  provide
specific information (and cite their sources), which leads them  to  believe
the report is not  an  objective  assessment.   The  applicant’s  additional
rater and commander signed memorandums supporting  her  request  to  upgrade
her EPR to an overall  rating  of  “5”;  however,  neither  have  identified
specific circumstances that may have prevented them from  providing  a  fair
and accurate evaluation.  In addition, DPPPE states  that  simply  upgrading
the EPR overall rating from “4” to “5” is not feasible.   According  to  AFI
36-2406, Table  3.2,  if  there  is  disagreement  between  evaluators,  the
disagreeing evaluator marks the nonconcur block, initials the  block  deemed
more  appropriate,  and  comments  on  the  disagreement.   The   AFPC/DPPPE
evaluation is at Exhibit C.

AFPC/DPPPWB defers to DPPPEP’s  recommendation.   DPPPWB  states  the  first
time the applicant’s contested report was used in the promotion process  was
cycle 00E6 to technical sergeant.  If the EPR  were  upgraded  as  requested
and  the  applicant  is  otherwise  eligible,  she  would  be  entitled   to
supplemental consideration beginning with cycle 00E6.   However,  she  would
not be selected as her total score would increase to 289.57  and  the  score
required for selection in her Air Force Specialty  Code  (AFSC)  is  330.57.
The applicant was selected for promotion to technical sergeant during  cycle
01E6.  The AFPC/DPPPWB evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 25 October 2002, copies of the Air Force evaluations  were  forwarded  to
the applicant for review and comment.  As of  this  date,  this  office  has
received no response (Exhibit E).

_________________________________________________________________

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  error  or  injustice.   After  reviewing  all  the   evidence
provided, the Board majority believes  some  relief  is  warranted  in  this
case.  The Board majority noted the statements provided by  the  applicant’s
peers and other individuals who were assigned to the same duty location  and
had professional contacts with the applicant.  While extremely laudatory  of
the applicant’s performance, these individuals were  not  charged  with  the
responsibility  for  assessing  the  applicant’s   performance   and   their
statements do not provide a showing that her rater’s  assessment  was  based
on factors other than her duty  performance.   The  most  critical  evidence
provided for our review is contained in the  statements  by  the  additional
rater and the commander.  It appears  that  these  individuals  are  of  the
opinion that the applicant was  not  provided  sufficient  guidance  by  the
rater to improve her performance to a degree that  would  meet  her  rater’s
expectations.  Neither of the evaluators  specifically  faults  the  rater’s
assessment on the second feedback the applicant received.   This  being  the
case and accepting that perhaps the applicant was  not  provided  sufficient
guidance to improve her performance at the time the feedback was given,  the
Board  majority  believes  the  fairness  of   the   contested   report   is
questionable.  However,  the  Board  majority  is  not  persuaded  that  the
circumstances  presented  in  this  application  warrant  approval  of   the
applicant’s stated request  to  upgrade  the  promotion  recommendation  she
received because to do  so  would  constitute  a  presupposition  the  Board
majority is not prepared to make.  Rather, we are of  the  opinion  that  by
voiding the contested report, she  would  be  afforded  proper  and  fitting
relief  based  on  the  circumstances  and  the  evidence  presented   here.
Therefore, we do so recommend.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that the Enlisted Performance  Report  (AB
thru TSgt), AF Form 910, rendered for the period 11 January 1999 through  15
September 1999 be, and  hereby  is,  declared  void  and  removed  from  her
records.

________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 16 April 2003, under the provisions of AFI 36-2603:

      Mr. Roscoe Hinton Jr., Panel Chair
      Ms. Brenda L. Romine, Member
      Mr. Steven A. Shaw, Member

By a majority vote, the Board recommended to  grant  the  application.   Mr.
Shaw voted to deny the application request but did  not  wish  to  submit  a
minority report.  The following documentary evidence was considered:


The following documentary evidence was considered in connection with  AFBCMR
Docket No. BC-2002-02982:

    Exhibit A.  DD Form 149, dated 12 Sep 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPE, dated 4 Oct 02.
    Exhibit D.  Letter, AFPC/DPPPWB, dated 10 Oct 02.
    Exhibit E.  Letter, SAF/MRBR, dated 14 Feb 03.




                                                   ROSCOE HINTON JR.
                                                   Panel Chair



AFBCMR BC-2002-02982




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 XXXXXXXXXXXXXXXXXXXXXX, be corrected to show that the Enlisted
Performance Report (AB thru TSgt), AF Form 910, rendered for the period 11
January 1999 through 15 September 1999 be, and hereby is, declared void and
removed from her records.






JOE G. LINEBERGER

Director

Air Force Review Boards Agency

Similar Decisions

  • AF | BCMR | CY2003 | BC-2002-02982

    Original file (BC-2002-02982.doc) Auto-classification: Approved

    On 1 December 1997, the applicant submitted an appeal to the Evaluation Reports Appeal Board (ERAB) requesting her EPR for the period 11 January 1999 through 15 September 1999 be upgraded from an overall “4” to an overall “5.” On 21 September 2000, the ERAB notified the applicant’s military personnel office that her appeal was considered and denied. The AFPC/DPPPWB evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE...

  • AF | BCMR | CY2001 | 0003233

    Original file (0003233.doc) Auto-classification: Approved

    Applicant’s complete submission is attached at Exhibit A. On 30 Sep 99, applicant’s supervisor did not recommend her for reenlistment due to the referral EPR. A complete copy of the their evaluation, with attachments, is attached at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant reviewed the Air Force evaluations and provided a five-page letter responding to the advisory opinions.

  • AF | BCMR | CY2001 | 0002949

    Original file (0002949.doc) Auto-classification: Approved

    The Enlisted Performance Report (EPR) rendered for the period 11 May 1998 through 2 February 1999 be upgraded from a rating of “4” to a rating of “5” and the closeout date of the report changed to 11 November 1998. The start date for the Enlisted Performance Report (EPR) rendered for the period 3 February 1999 through 24 December 1999, be changed to 12 November 1998. _________________________________________________________________ AIR FORCE EVALUATION: The Chief, Inquiries/AFBCMR Section,...

  • AF | BCMR | CY2001 | 0003348

    Original file (0003348.doc) Auto-classification: Approved

    EPR profile since 1997 reflects the following: PERIOD ENDING EVALUATION OF POTENTIAL 22 Apr 97 4 * 30 Jan 98 1 30 May 98 4 30 Sep 98 5 10 Jul 99 5 14 May 00 5 * Contested report _________________________________________________________________ AIR FORCE EVALUATION: The Chief, Inquiries/AFBCMR Section, Enlisted Promotion and Military Testing Branch, AFPC/DPPPWB, reviewed this application and states that based on the applicant’s date of rank for senior airman, the first time the report was...

  • AF | BCMR | CY2003 | BC-2003-00432

    Original file (BC-2003-00432.doc) Auto-classification: Denied

    In support of her appeal, applicant submitted a personal statement, dated 31 Jan 03; a copy of her statement to the ERAB, dated 14 Jan 02; a copy of an MFR from her former element chief, dated 3 Aug 01; a copy of her EPR closing 16 Oct 01 and an AF Form 931, Performance Feedback Worksheet (AB thru TSgt), dated 5 Jul 01. Air Force policy states it is the rating chain’s responsibility to “assess and document what the ratee did, how well he or she did it, and the ratee’s potential based on...

  • AF | BCMR | CY2002 | 0201114

    Original file (0201114.DOC) Auto-classification: Approved

    TSgt O--- was removed as his supervisor in November 1997. The DPPPEP evaluation is at Exhibit B. AFPC/DPPPWB reviewed applicant’s request and states that provided he is otherwise eligible, if the 4 Jan 98 EPR were to be voided he would not become a selectee for the 99E6 promotion cycle. The applicant has established that a possible conflict existed between himself and the rater on the report closing 4 January 1998.

  • AF | BCMR | CY2005 | BC-2004-03357

    Original file (BC-2004-03357.doc) Auto-classification: Approved

    CLOSING DATE OVERALL EVALUATION 31 Dec 03 5 31 Dec 02 5 31 Dec 01 4 (Contested) 15 Nov 00 5 31 Dec 99 5 1 May 99 5 1 May 98 5 1 May 97 5 1 May 96 5 1 May 95 5 The applicant filed a similar appeal under the provisions of AFI 36- 2401. He further contended he had only 48 days of supervision with the rater of the 31 Dec 01 EPR, and that the closeout date was changed from 15 Nov 01 to 31 Dec 01. If the applicant received a new rater in Jul 01 as the Air Force asserts, then the EPR’s reporting...

  • AF | BCMR | CY2002 | 0200858

    Original file (0200858.doc) Auto-classification: Approved

    However, based on the supporting statement from the former MPF chief and the superior ratings the applicant has received before and since, the majority of the Board believes the possibility exists that the contested EPR may be flawed. Therefore, in order to offset the possibility of an injustice, the Board majority concludes that any doubt should be resolved in this applicant’s favor by voiding the 31 Jul 99 EPR from his records and granting him supplemental promotion consideration. ...

  • AF | BCMR | CY2003 | 0202518

    Original file (0202518.doc) Auto-classification: Approved

    The commander coerced her rater and withheld information from the endorser (squadron commander) and rater, creating an inaccurate evaluation of her performance. The AFPC/DPPP evaluation, with attachment, is at Exhibit C. AFPC/DPPPWB states that based on the applicant’s date of rank to staff sergeant, the first time she was considered for promotion to technical sergeant was cycle 02E6. THOMAS S. MARKIEWICZ Vice Chair AFBCMR 02-02518 MEMORANDUM FOR THE CHIEF OF STAFF Having received and...

  • AF | BCMR | CY2002 | BC-2002-03566

    Original file (BC-2002-03566.doc) Auto-classification: Denied

    The Evaluation Reports Appeal Board (ERAB) denied his request. A complete copy of the evaluation, with attachment, is attached at Exhibit C. AFPC/DPPPWB states that based on the applicant’s date of rank to technical sergeant, the first time the contested report will be used in the promotion process is cycle 03E7 to master sergeant (promotions effective August 2003 - July 2004). However, if favorable results are received by 1 May 2003, no supplemental consideration would be required as...