RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01623
INDEX CODE: 111.05
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
The Enlisted Performance Report (EPR) rendered for the period
9 Jun 00 - 8 Jun 02 be voided.
___________________________________________________________________
APPLICANT CONTENDS THAT:
His EPR is improper. According to AFI 36-2406, if his rating
official changed, he should have received a change of reporting
official (CRO) report. He performed the required number of points
to require an EPR.
He was activated in support of Operation Noble Eagle, and at the
time of his activation, he was assigned as Chief, Training
Resources. After reporting for duty, he was advised that he would
be performing duty as a Flight Sergeant and another IMA was
appointed as his supervisor and rater, which he believes is
contrary to Air Force instructions and those from the Air Reserve
Personnel Center (ARPC).
The ratings he received in his EPR were not consistent with his
performance feedbacks. Additionally, the number of days of
supervision cited on his report should have only been six months,
not 730 days.
In support of his appeal, applicant submitted a copy of his EPR
closing 8 Jun 02; a computer printout (Ratee’s Initial/Follow-up
Performance Feedback Notification), dated 11 Jun 01; a Report on
Individual Personnel (RIP), dated 14 Feb 02; a Records Review Rip,
dated 24 Jul 02; a copy of a CRO/Duty Title Worksheet; copies of
his AF Forms 932, Performance Feedback Worksheet (MSgt thru CMSgt),
dated 2 Jan 02 and 19 Feb 02, respectively, and a copy of emails
from the Base IMA Administrator (BIMAA).
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Information extracted from the Personnel Data System (PDS) reflects
applicant’s Total Enlistment Military Service Date (TEMSD) and
Paydate as 25 Oct 1978. His entered his last enlistment on 29 Feb
2000. He was promoted to the grade of Master Sergeant (MSgt), with
a Date of Rank (DOR) of 1 September 1994. On 16 Oct 2002,
applicant transferred to the Retired Reserve.
A resume of applicant’s EPR profile follows:
PERIOD CLOSING OVERALL EVALUATION
30 Dec 86
9(APR)
30 Dec 87
9(APR)
30 Dec 88
9(APR)
08 Jun 98
5(EPR)
08 Jun 00
5(EPR)
* 08 Jun 02
4(EPR)
* The contested report rendered for the period 9 Jun 00 -
8 Jun 02, reflects 730 days of supervision and the duty title
“Flight Chief.”
___________________________________________________________________
AIR FORCE EVALUATION:
HQ ARPC/DPB recommended denial. They state the applicant
acknowledged receipt of the new rater as his supervisor per
feedbacks given him on 2 Jan 02 and 19 Feb 02, even though the
official paperwork was completed on 7 Jun 02. While current policy
requires performance feedback for personnel, a direct correlation
between information provided during the feedback sessions and the
assessments on an evaluation report do not necessarily have to
exist. In accordance with AFI 36-2401, Correcting Officer and
Enlisted Evaluation Reports, para A1.5.8, if after a positive
feedback session, an evaluator discovers serious problems he or she
must record the problems in the evaluation report, even when it
disagrees with the previous feedback. AFI 36-2406, Officer and
Enlisted Evaluation Systems, requires a change of reporting
official EPR when either the rater or the ratee departs on a
permanent change of station (PCS). Neither the ratee (applicant)
nor rater departed PCS, so no EPR was required.
AFI 36-2406, also states that “For IMAs, the rater will not
normally be another IMA. However, if circumstances require that an
IMA must directly supervise another IMA, the rater will be the
official appointed by management.” The reasoning behind this is
that IMAs do not normally perform duty together; so one IMA
supervising the performance of another IMA was not in the best
interest of either IMA. Since the applicant and his supervisor
were activated together and performing duty on a daily basis, the
specifics of the second part of the paragraph were met;
circumstances required one IMA to directly supervise another.
They further state that the Noble Eagle/Enduring Freedom message
the applicant submitted with his request addressed evaluation
reports for officers only. Therefore, the policy stated in the AFI
applies. All regulatory guidelines were followed and unless the
applicant can provide substantiation from his former rating chain
to support his position of the inaccuracy of the EPR, the report is
considered accurate and appropriate, as written.
A complete copy of the evaluation is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant reiterated his original contentions that the EPR was not
legal and gave further explanation of circumstances surrounding his
performance feedback accomplishment and his reasoning as to why he
disagrees with the advisory opinion from HQ ARPC.
Applicant’s complete response is at 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. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. The applicant
contends that if his rating official changed, he should have
received a change of reporting official (CRO) report and that the
EPR ratings he received were not consistent with the feedbacks he
received. After a thorough review of the evidence provided in
support of the applicant’s appeal, we do not find his assertions,
in and by themselves, sufficiently persuasive to override the
rationale provided by the Air Force. Other than his own
assertions, he did not present any corroborative evidence from his
rating chain or chain of command to support his contention of error
or injustice. Nor did he provide any evidence to show the
contested report is an inaccurate or unfair assessment of his
overall duty performance during the contested rating period or that
the contested report was prepared contrary to the governing
instruction. Therefore, we agree with the opinion and
recommendation of the Air Force office of primary responsibility
and adopt the rationale expressed as the basis for our decision
that the applicant has failed to sustain his burden of having
suffered either an error or injustice. In the absence of
persuasive evidence to the contrary, we find no compelling basis to
recommend granting the relief sought.
4. Notwithstanding the above findings, after reviewing the
evidence provided by the applicant, we believe that the number of
days of supervision on the contested report should be amended. In
this respect, the 75th Security Forces CRO/Duty Title Worksheet
reflects the effective date of change of reporting official was
1 Dec 01. We therefore believe that the number of days of
supervision should be changed to accurately reflect the period of
supervision by the rater who rendered the report. Accordingly, we
recommend that the contested report be amended to the extent
indicated below.
___________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to the APPLICANT, be corrected to show that the AF Form
911, Senior Enlisted Performance Report, rendered for the period
9 June 2000 through 8 June 2002, be amended in Section I (Ratee
Identification Date), Item 8 (No. Days Supervision), to read 190
rather than 730.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number
BC-2003-01623 in Executive Session on 20 August 2003, under the
provisions of AFI 36-2603:
Ms. Olga M. Crerar, Panel Chair
Ms. Leslie Abbott, Member
Mr. James W. Russell III, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 May 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ ARPC/DPB, dated 23 May 03.
Exhibit D. Letter, SAF/MRBR, dated 3 Jun 03.
Exhibit E. Letter, Applicant, dated 24 Jun 03
OLGA M. CRERAR
Panel Chair
AFBCMR BC-2003-01623
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 APPLICANT be corrected to show that the AF Form
911, Senior Enlisted Performance Report, rendered for the period
9 June 2000 through 8 June 2002, be, and hereby is, amended in
Section I (Ratee Identification Data), Item 8 (No. Days
Supervision), to read 190 rather than 730.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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