RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02200
INDEX CODE: 100.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The Enlisted Performance Report (EPR), rendered for the period 6 October
2001 through 5 October 2002, be removed from his records.
_________________________________________________________________
THE APPLICANT CONTENDS THAT:
The EPR is an inaccurate assessment of his performance during the contested
period.
The EPR is unjust and untrue since his records reflect that he has excelled
at every level. Furthermore, he was not provided due process to clarify
the alleged statements.
In support of the appeal, the applicant submits his personal statement and
a copy of his request to the Evaluation Reports Appeal Board (ERAB).
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on active duty in the grade of technical
sergeant.
The applicant’s request under AFI 36-2401 to have the contested EPR removed
from his records was denied by the ERAB.
Applicant’s performance profile follows:
PERIOD ENDING OVERALL RATING
23 Apr 87 9
23 Apr 88 9
23 Apr 89 9
31 Mar 90 4
30 Nov 90 5
14 Jul 91 4
14 Jul 92 5
30 Apr 93 5
31 Jan 94 5
31 Jan 95 5
31 Jan 96 5
31 Jan 97 5
1 Oct 97 5
24 Aug 98 5
18 Apr 99 5
21 Mar 00 4
21 Mar 01 5
5 Oct 01 5
* 5 Oct 02 (Referral Report) 3 (Rater)
2 (Add’l Rater)
* Contested EPR
_________________________________________________________________
AIR FORCE EVALUATIONS:
AFPC/DPPPE recommends the application be denied and states, in part, that
the applicant provides no evidence as to why the rating chain should not
have included information regarding his financial irresponsibility, or
refusal to accomplish tasks from his supervisors in the contested EPR. He
provides only his own opinion and does not submit evidence to support his
contentions. AFPC/DPPPWB notes that the issues that resulted in the
contested report occurred at different times, in different locations, and
involved different individuals serving in a rating capacity. While he
contends a hard copy of the contested report was not maintained in his
records and is only reflected in the Military Personnel Data System
(MILPDS), the report is in file in his records.
The AFPC/DPPPE evaluation, with attachment, is at Exhibit C.
AFPC/DPPPWB defers to the recommendation of AFPC/DPPPE and states, in part,
that should the AFBCMR decide to remove the contested report, the applicant
would be entitled to supplemental promotion consideration beginning with
cycle 03E7.
The AFPC/DPPPE evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:
The rater who wrote the contested report was not his true rater. He
submits a copy of an Email indicating that his rater was changed and a
performance feedback worksheet completed by this rater. In view of this,
the rater who wrote the report did not have enough days of supervision, to
write the report. While the report is currently in his records it did not
appear there until July 2003. Furthermore, he never received any
counseling from his First Sergeant or Commander concerning any financial
irresponsibility. If he had any of these problems, he would have been
stripped of his clearance and been administered an Article 15.
Furthermore, if the allegations were true, he would have been placed on the
control roster and not allowed to complete a Permanent Change of Station
(PCS).
The applicant’s complete response, with attachments, is at Exhibit F.
In further support of the appeal, his commander has provided a statement in
which he states the report is not indicative of this highly skilled
professional, who is very knowledgeable in his technical specialty and
totally dedicated to duty. He further states that the applicant met and
exceeded all of the requirements and earned his strongest endorsement for
restoring his promotion to the grade of master sergeant (Exhibit G).
_________________________________________________________________
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 a thorough review of the evidence
of record and applicant’s submission, we are not persuaded that the EPR
closing 5 October 2002 is an inaccurate assessment of his performance
during the contested period. Applicant’s contentions are duly noted;
however, we do not find these assertions, in and by themselves,
sufficiently persuasive to override the rationale provided by the Air
Force. The office of primary responsibility has adequately addressed
applicant’s contentions and we agree with its conclusions and adopt the
rationale expressed as the basis for our decision that the applicant has
failed to sustain his burden that he has suffered either an error or an
injustice. Hence, we find no compelling basis to recommend granting the
relief sought.
_________________________________________________________________
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-2003-02200
in Executive Session on 8 October 2003, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Martha Maust, Member
Mr. Michael V. Barbino, Member
By majority vote, the Board voted to deny the application. Ms. Maust voted
to grant the relief requested, but does not wish to submit a Minority
Report. The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 Jun 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPWB, dated 22 Jul 03.
Exhibit D. Letter, AFPC/DPPPE, dated 22 Jul 03.
Exhibit E. Letter, SAF/MRBR, dated 15 Aug 03.
Exhibit F. Letter, Applicant, dated 28 Aug 03, w/atchs.
Exhibit G. Letter, 12 CS/CC, dated 5 Sep 03.
THOMAS S. MARKIEWICZ
Chair
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