RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-02787
INDEX CODE: 111.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The Enlisted Performance Report (EPR) rendered for the period 7
March 1998 through 6 March 1999 be declared void and removed from his
records.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The “4” rating does not match the accomplishments for the reporting
period; the feedback AF Form 931 marked to the extreme right margin
stated he needed little or no improvement; he received no counseling
from his supervisor if there was need for improvement from the last
feedback prior to EPR closeout; his entire career reflects superior
performance in all areas of responsibilities past and present, there
is no negative documentation; and, his rating has impacted his career
advancement, promotion to the next rank, and his faith in the EPR
system.
In support of the appeal, applicant submits three character
references, Performance Feedback Worksheets (PFWs), and his previous
EPRs.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in the
grade of technical sergeant.
EPR profile since 1996 reflects the following:
PERIOD ENDING EVALUATION OF POTENTIAL
6 Mar 96 5
6 Mar 97 5
6 Mar 98 5
*6 Mar 99 4
6 Mar 00 5
6 Mar 01 5
6 Mar 02 5
*Contested Report
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPEP states that there is not necessarily a direct correlation
between information provided during feedback sessions and the
assessments on evaluation reports. The PFW acts as a scale of where
the ratee stands in relation to the performance expectations of the
rater. A PFW with all items marked “needs little or no improvement”
means the ratee is meeting the rater’s standards at that time. It
does not guarantee a firewalled EPR. They further state that it is
the rater’s ultimate responsibility to determine which accomplishments
are included on the EPR. The report is not inaccurate or unfair
simply because the applicant believes it is. Furthermore, ratings are
not erroneous or unjust because they are inconsistent with other
rating given in an individual’s career. A report evaluates
performance during a specific period and reflects performance,
conduct, and potential at that time, in that position. It is not
reasonable to compare one report covering a certain period of time
with another report covering a different period of time. This does
not allow for changes in the ratee's performance. They note that the
EPR immediately prior to the contested EPR was written by the same
rater, who must have seen changes in duty performance warranting a
difference in ratings from one report to the next.
In summary, Air Force policy is that an evaluation report is
considered to represent the rating chain’s best judgment at the time
it is rendered. They contend that once a report is accepted for file,
only strong, clear evidence to the contrary warrants correction or
removal from an individual’s record. The applicant has provided no
evidence to show the evaluation is either erroneous or unjust.
Therefore, they recommend denial of applicant’s request.
A complete copy of the evaluation is attached at Exhibit C.
AFPC/DPPPWB states that the first time the contested report was used
in the promotion process was cycle 01E7 to master sergeant. Should
the AFBCMR void the report as requested, providing he is otherwise
eligible, the applicant will be entitled to supplemental consideration
beginning with cycle 01E7. He would not be selected as his total
score would increase to 316.84 and the score required for selection in
his Air Force Specialty Code (AFSC) is 331.50. He would become a
select for cycle 02E7 as his total score would increase to 336.83 and
the score required for selection in his AFSC is 331.82. Therefore,
they defer to the recommendation of AFPC/DPPPEP.
A complete copy of their evaluation is attached at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant states that the EPR in question has effected his career and
he would like to add the following information:
a. In March 2000, his then immediate supervisor, MSgt J--- P. H---
recommended him for a decoration prior to his change of duty station.
The justification was his performance of superior flight chief
duties, educational accomplishments, community service, and being
selected squadron flight chief of the year (1999). However, MSgt H---
‘s recommendation was denied and his supervisors informed him of the
squadron policy. If an individual received a 4 EPR during their tour
of duty with the squadron then he/she was not eligible for a
decoration.
b. The current job position he holds was also very difficult to
acquire. It was a lengthy process to convince his current commander
to hire him. MSgt H--- made several phone calls and submitted a
letter of recommendation. The group chief interviewed him and
discussed his past performance and the 4 EPR in question. In
addition, they conducted a telecom interview with his current
commander and superintendent. Only after all these steps were
completed did the commander decide to hire him. He is currently
responsible for standing up the Air Force’s CV-22 Osprey Tilt-rotor
maintenance courses filling a MSgt position.
c. The impact of the 4 EPR is also evident from his last
promotion cycle, causing him to miss master sergeant by 0.39 point.
d. Finally, the EPR in question is affecting him financially at
the current rate of pay and retirement at the 20 years of service if
he chooses to do so! He falls under the Top Three rule and any future
retirement pay is affected by the highest grade held the last three
years of service.
It is his intent for the Board to have as much information as possible
before ruling on his case.
A copy of applicant’s response is attached at Exhibit F.
_________________________________________________________________
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 reviewing the evidence of
record, we are not persuaded that the applicant’s records are in error
or that he has been the victim of an injustice. His contentions are
noted; however, in our opinion, the detailed comments provided by the
appropriate Air Force offices adequately address those allegations.
Therefore, we agree with opinions and recommendations of the Air Force
and adopt their rationale as the basis for the conclusion that the
applicant has not been the victim of an error or injustice. 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 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 23 January 2003, under the provisions of AFI 36-
2603:
Ms. Cathlynn Sparks, Panel Chair
Mr. John E.B. Smith, Member
Mr. Joseph A. Roj, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 31 Jul 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPEP, dated 27 Sep 02.
Exhibit D. Letter, AFPC/DPPPWB, dated 27 Sep 02.
Exhibit E. Letter, AFBCMR, dated 11 Oct 02.
Exhibit F. Applicant’s Letter, dated 8 Nov 02.
CATHLYNN SPARKS
Panel Chair
Both the commander and the indorser provide information on why although they originally supported the rating given the applicant, later determined that it was not a fair or objective evaluation. The complete evaluation is at Exhibit D. _______________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant responded to the Air Force evaluations. Exhibit F. Memorandum, Applicant, dated 15 Nov 01.
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