RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01190
INDEX CODE: 111.02
XXXXXXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXXXX HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Enlisted Performance Report (EPR) rendered for the period of 21 July
1999 through 5 July 2001 be removed from his records.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His physical, mental, and military situations prevented him from receiving
a valid performance report.
In support of his request, the applicant submits a copy of the Evaluation
Reports Appeal Board (ERAB) denial letter dated 11 March 2003, a copy of
the contested EPR, a copy of a supporting statement from his past rater’s
supervisor, and copies of medical documentation. The applicant’s complete
submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The Military Personnel Database (MilPDS) indicates the applicant has a
Total Active Federal Military Service Date of 21 July 1999. He has
continually served on active duty and has been progressively promoted to
the grade of senior airman (E-4), effective and with a date of rank of 21
June 2002. Based on his 16 July 2003 reenlistment for four years, he has
an established Date of Separation of 15 July 2007.
The applicant received an EPR for the period 21 July 1999 through 5 July
2001 (his initial performance report) with an overall rating of three (3).
The applicant submitted an appeal to the Evaluation Reports Appeal Board
(ERAB) in February 2003 requesting his EPR for the period 21 July 1999
through 5 July 2001 be removed from his records. On 11 March 2003, the
ERAB notified the applicant’s military personnel office that his appeal was
reviewed and denied because the applicant did not provide any documentation
that proved the report was not a fair assessment of his performance at that
time. The applicant received an EPR for the period ending 29 December
2002, in which the promotion recommendation is a five (5).
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPE recommends denial. DPPPE states that the applicant has not
provided any supporting documentation contesting the validity of the
ratings or the comments made in the contested EPR. It is DPPPE’s opinion
that while the applicant’s medical profiles may have prevented him from
performing some of his normal duties as a security forces member, there is
no evidence that his rating chain unfairly evaluated his performance due to
his physical, mental and military situation. The fact that the applicant
does not agree with the report does not make the report inaccurate. The
AFPC/DPPPE evaluation is at Exhibit C.
The BCMR Medical Consultant is of the opinion that no change in the records
is warranted based on medical evidence. The BCMR Medical Consultant states
that the record indicates the applicant was involved in reporting other
members of his prior squadron for drug usage and was subsequently
transferred to his present base under the provisions of the airmen’s
protection program. The applicant reported to the psychologist that his
current squadron members had harassed him for his actions at his prior
base. The applicant was diagnosed with Occupational Problem with no
specific phobia present; however, he suffered increased anxiety due to his
working environment. The psychologist’s memorandum dated 1 August 2001,
noted the applicant showed some symptoms of post traumatic stress disorder
concluding that the impact of the applicant’s past events were sufficiently
severe enough to prevent the applicant from effectively functioning in the
Security Forces career field. The psychologist’s report indicated the
applicant was worldwide qualified and would be expected to function
adequately once away from the reminders of his traumatic history.
It is the BCMR Medical Consultant’s opinion that the applicant’s documented
neck and back pain were intermittent and not unusual, comparable to many
other active duty members who continue to perform their duties. The
documented history of intermittent neck and back pain do not represent an
extenuating circumstance that alone explains the applicant’s performance
report. The records allude to, but do not detail, work place related
problems leading to the symptoms described in the mental health record
entries. In writing the performance report, the applicant’s supervisor
presumably had the benefit of more detailed information regarding the work
environment issues than are evident in the record. The BCMR Medical
Consultant’s evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 24 October 2003, for review and comment within 30 days. As of
this date, this office has received no response.
_________________________________________________________________
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 a thorough review of the evidence
of record, we are persuaded that the contested report is not an accurate
reflection of the applicant’s performance during the period in question.
Circumstances in this case cause us to believe that this EPR may have been
based upon personal feelings rather than an objective evaluation of the
applicant’s performance. We note that the applicant’s problems coincided
with his assignment at his new duty station under the airmen’s protection
program. In our opinion, the increased anxiety he suffered in his working
environment from reported co-worker harassment, probably stemming from his
previous job as an informant, contributed to an unfair performance
evaluation. In view of the totality of the circumstances involved, it is
conceivable that the contested report was based on personal bias and not on
the applicant’s performance and potential. In view of the foregoing, and
in an effort to offset any possibility of an injustice, we recommend the
EPR be declared void and removed from his records.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT be corrected to show that the Enlisted Performance Report, AF
Form 910, rendered for the period 21 July 1999 through 5 July 2001 be
declared void and removed from his records.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 18 December 2003, under the provisions of AFI 36-2603:
Ms. Carolyn J.Watkins-Taylor, Panel Chair
Ms. Martha J. Evans, Member
Mr. Roscoe Hinton Jr., Member
All members voted to correct the records, as recommended. The following
documentary evidence for AFBCMR Docket Number BC-2003-01190 was considered:
Exhibit A. DD Form 149, dated 26 Mar 03, with attachments.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPE, dated 30 Sep 03.
Exhibit D. Letter, BCMR Medical Consultant, dtd 7 Aug 03.
Exhibit E. Letter, SAF/MRBR, dated 24 Oct 03.
CAROLYN J.WATKINS-TAYLOR
Panel Chair
AFBCMR BC-2003-01190
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 XXXXXXXXXXXXXXXXXXXXXXXXX, be corrected to show that the
Enlisted Performance Report, AF Form 910, rendered for the period 21 July
1999 through 5 July 2001 be, and hereby is, declared void and removed
from his records.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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