RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01201
INDEX NUMBER: 111.00
XXXXXXXXXXXXXXXXX COUNSEL: None
XXX-XX-XXXX HEARING DESIRED: Yes
_________________________________________________________________
APPLICANT REQUESTS THAT:
The Enlisted Performance Report (EPR) rendered on him for the period 1
Jul 01 through 30 Jun 02 be substituted with a revised report.
He be granted supplemental promotion consideration to chief master
sergeant (CMSgt) beginning with the 02E9 CMSgt promotion cycle.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The senior rater (SR) endorsement on the contested report does not
provide an honest, fair, or accurate description and characterization
of his performance, achievements, and promotion potential. The
endorsement also contains no quantification, stratification, or
promotion statement that he believes he earned as the Command’s Senior
Noncommissioned Officer (SNCO) of the Year and 12 Outstanding Airmen
of the Year for 2001/02.
His hard work, performance, leadership, and promotion potential are
not limited to the period of the contested report. He provides a list
of other awards and recognitions he has received.
He provides 10 attachments that contain sound documentation that the
endorsement he received on the contested EPR is questionable, and not
commensurate with the outstanding performance, leadership, and
promotion potential he demonstrated during the reporting period.
Included is a statement from his former commander/rater verifying that
he prepared the indorsements that were not used.
His commander provided two honest, just, and accurate EPRs with
suggested SR endorsements that reflected his performance during the
reporting period. However, the Command Chief Master Sergeant (CCM)
advised he and his commander that she would not support the
recommended SR endorsements and gave them several reasons why.
However, the CCM advised that she would support a strong
stratification and promotion statement, which he did not receive.
Other senior NCOs and CCMs have advised him that his senior rater
should not have considered the reasons she used for not supporting his
SR endorsement as the #1 senior master sergeant in the command. He
believes his CCM acted as the Air Force promotion board and allowed
her ten-year review of his record to determine and/or influence his
endorsement for the referenced reporting period.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty in the Air Force on 22 Aug 80. He
was promoted to the grade of senior master sergeant on 1 Mar 01. A
resume of the applicant’s ten most recent EPRs indicates overall
ratings of “5.”
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPE recommends denial of the applicant’s request. The
applicant has requested the AFBCMR violate Air Force policy by
inserting comments into his EPR that the senior rater does not
support. According to AFI 36-2406, senior raters may endorse EPRs in
the following situations: to differentiate between individuals with
similar performance records since both ratings and endorsement levels
have an impact on those who use the grade requirements. The
applicant’s rater acknowledges in his 10 Nov 02 memorandum, “there is
no obligation for the additional rater to use the draft comments in
whole or in part.” They note that in this case the additional rater
was also the senior rater.
The complete evaluation is at Exhibit C.
AFPC/DPPPWB defers to the recommendation of AFPC/DPPPE. However, they
note that an individual will not normally be granted supplemental
promotion consideration if the error or omission appeared on his/her
Data Verification Record (DVR) or in the Unit Personnel Record Group
(UPRG) and the individual did not take appropriate corrective or
follow-up action before the original board convened. The applicant
did not file an appeal through the Evaluation Reports Appeal Board
(ERAB) until 4 Feb 03, after the board convened for the 02E9 cycle (15
Oct 02).
The complete evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant responded to the Air Force evaluations by reiterating
the reasons he believes the SR endorsement on his contested report
does not provide an honest, fair, or accurate description and
characterization of his performance, achievements, and promotion
potential during the respective reporting period. He indicates that
the evaluation done by AFPC/DPPPWB does not speak to the foundation of
his appeal. The procedures used by the senior rater to evaluate his
EPR for senior rater endorsement involved the consideration of
inappropriate information in accordance with AFI 36-2406. He also
feels that both evaluations fail to address the basic question of
integrity and asks the rhetorical question of what does it take to be
the #1 SMSgt when he had been selected the Command’s SNCO of the Year
for the respective reporting period.
The applicant points out that each of his SNCO EPRs since 9 Dec 97
have always contained a senior rater endorsement, which contained
stratification, quantification, and/or promotion statement. In most
cases, he received both. The applicant points out that the SR on his
contested report signed strong stratification statements on previous
reports and was also the one who signed the letters and certificates
of recognition he has received. His SNCO EPRs prove that command
award winners are stratified and/or given promotion statements in
their senior rater’s endorsement.
The applicant states that a senior rater endorsement without a
stratification and/or promotion statement, especially the most recent
EPR, sends a clear signal to the board that is viewed negatively.
Having an inconsistent senior rater endorsement history, as caused by
his contested EPR is viewed negatively, especially since he has
consistently received stratification and/or promotion statements since
1997. In the year that he was recognized as the #1 SNCO in the
command, he, inexplicably, received an endorsement that does not
contain a stratification and/or promotion recommendation consistent
with his performance and achievements.
The applicant questions whether the command chief master sergeant
fulfilled her role of providing the senior rater with honest,
accurate, and factual information to assist him in reaching an
informed and just decision concerning the performance and achievement
of those receiving a senior rater indorsement. The applicant
indicates that the CCM’s opinion or judgment that a “4” EPR from 10
years earlier should preclude him from getting a stratification (#1
SMSgt/SNCO) or promotion statement, especially when earned, is clearly
an injustice. The applicant provides some discussion on how such a
view would effectively preclude any person who received less than
perfect ratings early in their career from ever recovering or
overcoming the rating.
It is inappropriate to consider duty history or performance outside
the reporting period. The senior rater endorsement is for that
specific reporting period and/or promotion cycle. Promotion eligible
SMSgt EPRs are racked and stacked for senior rater endorsement each
and every year. The applicant believes that, clearly, during the
closeout of his EPR and subsequent promotion cycle, he was selected #1
SNCO in the command.
The applicant takes issue with AFPC/DPPPE’s assertion that he is
seeking to have the AFBCMR “put words into the additional/senior
rater’s mouth” by inserting comments he does not support. The
applicant emphasizes that the intent of his appeal has always been to
correct an injustice and to put the honest, just, and accurate
information that he deserves in his EPR.
The applicant’s complete submission, with attachments, 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 error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinions and recommendations of the Air
Force offices of primary responsibility and adopt their rationale as
the primary basis for our conclusion that the applicant has not been
the victim of an error or injustice. Additionally, the Board notes
that the applicant does not provide any evidence showing support from
his rating chain to revise his EPR. He also does not provide any
evidence that he sought an explanation from the command chief master
sergeant or senior rater for the content of his indorsement. Although
the applicant’s rater indicates that he prepared two draft
indorsements for the senior rater’s consideration, he also does not
indicate any efforts on his part to find out why neither was used.
The applicant has not provided sufficient evidence to show that the
senior rater’s decision to use a different indorsement constituted an
error or injustice. Therefore in the absence of evidence to the
contrary, we find no compelling basis to recommend granting the relief
sought in this application.
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 issues 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 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-
01201 in Executive Session on 6 October 2003, under the provisions of
AFI 36-2603:
Ms. Marilyn Thomas, Panel Chair
Ms. Barbara R. Murray, Member
Ms. Ann-Cecile McDermott, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Mar 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPPPE, dated 3 Jun 03.
Exhibit D. Memorandum, AFPC/DPPPWB, dated 20 Jun 03.
Exhibit E. Letter, SAF/MRBR, dated 3 Jul 03.
Exhibit F. Memorandum, Applicant, dated 17 Jul 03.
MARILYN THOMAS
Panel Chair
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