RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC2003-01161
COUNSEL: NONE
HEARING DESIRED: YES
___________________________________________________________________
APPLICANT REQUESTS THAT:
The Enlisted Performance Report, (EPR), rendered for the period
13 May 1999 through 25 January 2000, be declared void and removed
from his records.
___________________________________________________________________
APPLICANT CONTENDS THAT:
Applicant states that no documented evidence exists that his
performance had been anything less than exceptional. After being
briefed there were no repercussions from TMI/Open Space Assessment,
the markdowns on the contested report were a direct result of it.
He also believes that the additional rater had a personality
conflict with him.
In support of his appeal, applicant has provided a personal
statement, a copy of his latest performance report and a copy of
his appeal package filed under AFI 36-2401. In addition he has
provided a copy of his score sheet for promotion to the grade of
chief master sergeant for cycle 02E9.
Applicant’s complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant is currently serving in the Regular Air Force in the
grade of senior master sergeant.
He applied under the provision of AFI 36-2401 to have the contested
EPR removed from his records; however, the Evaluation Reports
Appeal Board (ERAB) denied his request.
With the exception of the contested EPR closing 25 January 2000,
applicant’s performance report from 1992 reflect an overall rating
of “5”. The rater on the contested report rated the applicant a
“5”, the rater’s rater downgraded the report to a “4” and the
indorser concurred with the rater’s rater.
___________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPEP reviewed this application and indicates that the applicant
did not provide any documentation from his rating chain indicating
that they were wrongfully influenced by the results from the TMI/Open
Space assessment. Additionally, the applicant states that lack of
feedback was an additional factor in his less than stellar evaluation.
The contested report reflects that the applicant did receive
feedback. He states that this is false; however, he has failed to
provide documentation to support his allegation. He has alleged
several instances of biased treatment from his rating chain; however,
he again has failed to support or substantiate any of them.
Therefore, DPPPEP recommends denial of his application.
AFPC/DPPPEP complete evaluation is at Exhibit C.
AFPC/DPPPWB also reviewed this application and indicated that should
the Board remove the report as requested, applicant would be entitled
to supplemental consideration beginning with cycle 00E9.
AFPC/DPPPWB complete copy of the evaluation is at Exhibit D.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluations and stated that he
was selected as the HQ USAF SNCO of the Year for 2002. He has done
all that he can do. It’s obvious that the rater and the rater’s rater
were in disagreement on the EPR. Why is that? Obviously, something
is wrong with this picture! His records were outstanding before and
after the bad EPR. If something seems array, that's because it is.
If the Air Force can’t see this and he is passed over for promotion to
chief this time, he will retire from the Air Force.
He apologizes if this letter seems a bit bitter, but he knows in his
heart he was treated unfairly and had been told so by many people whom
he worked with in that organization
Applicant’s complete response is 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 probable error or injustice. After reviewing all of
the evidence provided, we are not persuaded that the contested report
is an inaccurate depiction of the applicant's performance and
demonstrated potential for the period in question. In the rating
process, each evaluator is required to assess a ratee's performance,
honestly and to the best of their ability. In judging the merits of
this case, we took note of the applicant's contention that the rater’s
rater's assessment of his duty performance was less than exceptional.
However, other than his own assertions, we have seen no evidence by
the applicant that would lead us to believe the rater's rater abused
his discretionary authority, that the rating was based on
inappropriate considerations, or that the report was technically
flawed. Therefore, in the absence of such evidence, the applicant's
request is not favorably considered
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel will
materially add to our understanding of the issue involved. Therefore,
the request for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of a 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 Docket Number BC-2003-
01161 in Executive Session on 21 August 2003, under the provisions of
AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Ms. Brenda L. Romine, Member
Mr. Roscoe Hinton, Jr., Member
Exhibit A. DD Form 149, dated 28 Mar 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPEP, dated 28 May 03.
Exhibit D. Letter, AFPC/DPPPWB, dated 6 Jun 03.
Exhibit E. Letter, SAF/MIBR, dated 27 Jun 03
Exhibit F. Applicant’s Response, dated 23 Jul 03.
RICHARD A. PETERSON
Panel Chair
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