RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00403
INDEX CODE: 131.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect promotion to the grade of master
sergeant effective CY 2004.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He received an unsatisfactory Airman Performance Report (APR) written
by SMSgt D--- B--- due to a grudge MSgt B--- had against him since he
wrote up discrepancy reports on aircraft for which MSgt B--- was in
charge.
In support of the appeal, applicant submits a personal statement, two
DD Forms 214, a copy of his retirement order, seven special orders, a
copy of a personnel action request, a classification action request, a
copy of page 2 of his Airman Military Record, a copy of a certificate,
and a copy of a resume.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 15 January 1948 for a
period of three years. He was progressively promoted to the grade of
staff sergeant on 16 November 1950 and the grade of technical sergeant
on 1 June 1960. Applicant retired on 1 August 1968 in the grade of
technical sergeant (E-6). He served 23 years, 4 months and 15 days of
active service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPE states that the applicant has not provided any specific
details pertaining to why he feels the APR was unsatisfactory. While
applicant states the contested time period was between 1 May 1965 and
21 September 1965, the only report endorsed by SMSgt B--- covered the
period 28 January 1966 through 27 January 1967. A report is
considered an accurate assessment when written unless documentation is
provided proving otherwise. The applicant has not provided any
supporting documentation proving the validity of the comments/markings
made in his APR were in any way questionable.
In summary, nothing was provided substantiating applicant’s claims
that his APR was in fact unsatisfactory and this report solely
eliminated all of his chances of becoming a master sergeant.
Therefore, they recommend denial of applicant’s request.
A complete copy of the evaluation is attached at Exhibit C.
AFPC/DPPPWB states that a review of the applicant’s record reveals
only one report was actually indorsed by MSgt B--- (28 January 1966 -
27 January 1967). The markings/ratings on this report are almost
identical to those on the contested report, with the exception of the
indorsing official (CMSgt B---) marking down the performance of duties
rating in block II.5., and the overall evaluation rating in block IV.
A board was held in response to an appeal of the APR. The board found
the report to be accurate and directed it remain in applicant’s
record.
Promotions during the timeframe the applicant served on active duty
were made at the major command, unless delegated by the major command
to the wing, group, or squadron levels. HQ USAF distributed promotion
quotas to the major commands based on projected vacancies within each
career field subdivision. Promotion boards selected individuals and
the quotas received determined the number that could be promoted.
Some career fields received more promotions than others based on
vacancies and the needs of the Air Force. To be considered for
promotion to master sergeant, an individual must have 24 months time-
in-grade, possess a 7-skill level Air Force Specialty Code (AFSC), and
be recommended by the commander. These were the minimum eligibility
requirements to be considered by the promotion board but in no way
ensured or guaranteed a promotion. They found nothing in his record
to indicate an error or injustice was made that prevented his
promotion to master sergeant. Therefore, they recommend denial of
applicant’s request.
A complete copy of their evaluation, with attachment, is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant reiterates his contentions that he was the victim of an
unfair APR rating.
Applicant's response, with attachment, 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 not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
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 opinion and recommendation of the Air Force
and adopt their rationale as the basis for the conclusion that the
applicant has not been the victim of 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.
_________________________________________________________________
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 this application in
Executive Session on 28 October 2004, under the provisions of AFI 36-
2603:
Mr. Richard A. Peterson, Panel Chair
Ms. Martha A. Maust, Member
Mr. Michael J. Maglio, Member
The following documentary evidence pertaining to AFBCMR Docket Number
BC-2004-00403 was considered:
Exhibit A. DD Form 149, dated 30 Jan 04, and applicant’s
Letter dated 27 Feb 04 w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPE, dated 15 Mar 04.
Exhibit D. Letter, AFPC/DPPPWB, dated 19 Mar 04.
Exhibit E. Letter, SAF/MRBR, dated 02 Apr 04.
Exhibit F. Applicant’s Response, dated 22 Apr 04.
RICHARD A. PETERSON
Panel Chair
AF | BCMR | CY2004 | BC-2004-02082
Applicant’s APR/EPR profile following promotion to Technical Sergeant follows: Period Closing Overall Evaluation 25 Feb 84 9 9 Jul 84 9 20 May 85 9 20 May 86 9 20 May 87 9 20 May 88 9 20 May 89 9 *20 May 90 (EPR/MSgt) 3 *20 May 91 2 (Referral) *31 Jan 92 3 * Contested Reports He met the cycle 93S8 promotion board for SMSgt and received a board score of 285.00 and a total promotion score of 490.49. A complete copy of the evaluation is at Exhibit...
AF | BCMR | CY2006 | BC-2006-00212
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-00212 INDEX CODE: 131.03 COUNSEL: None HEARING DESIRED: No MANDATORY CASE COMPLETION DATE: 23 Jul 07 _________________________________________________________________ APPLICANT REQUESTS THAT: He be promoted to the grade of senior master sergeant (SMSgt) and/or chief master sergeant (CMSgt). Promotion boards selected individuals and the quotas received determined the number that...
The applicant’s board score for the 99E8 board was 397.50. The applicant did provide a letter of recommendation from the commander supporting the upgrading of the EPR ratings and changes to his original comments. It is unreasonable to conclude the commander now, over 10 years later, has a better understanding of the applicant’s duty performance for that time period.
After a thorough review of the evidence of record and the applicant’s submission, we are not persuaded at this time that the contested EPR should be amended to reflect a senior rater indorsement. We also note the applicant had completed Senior NCO Academy and, except for the report in question, received senior rater indorsements on his EPRs since 5 Nov 97. Exhibit G. Letter, AFBCMR, dated 29 May 02.
AF | BCMR | CY2005 | BC-2005-02607
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-02607 INDEX NUMBER: 131.00 XXXXXXX COUNSEL: None XXXXXXX HEARING DESIRED: No MANDATORY CASE COMPLETION DATE: 17 Feb 07 __________________________________________________________________ APPLICANT REQUESTS THAT: He be promoted to the grade of master sergeant (MSgt) (E-7) as if selected during cycle 00E7. If the applicant had been promoted during cycle 00E7, his date of rank...
Promotion boards selected individuals and the quotas received determined the number that could be promoted. They recommend the applicant's request be time barred or denied on its merits (Exhibit C). _________________________________________________________________ APPLICANT'S REVIEW OF AIR STAFF EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 6 September 2002, for review and response.
Copies of the EPRs are provided at Exhibit B. The ERAB indicated the applicant was found guilty of disturbing the peace and fined by a civilian court system after pleading no contest and no inappropriate comments were found on the report. The EPR states the applicant improved his conduct “after off-duty civil criminal conviction of ‘disturbing the peace.’” The applicant did plead nolo contendre in civilian court on 2 Aug 99 to a charge of disturbing the peace, which did, in fact, result in...
AF | BCMR | CY2003 | BC-2003-00839
The applicant appealed the contested report under the provisions of AFI 36-2401, Correcting Officer and Enlisted Evaluations Reports. The first time he was considered was in cycle 01E5. He was considered again for promotion in cycle 02E5.
AF | BCMR | CY2003 | BC-2003-01312
_________________________________________________________________ APPLICANT CONTENDS THAT: His rater was pressured into rating him an overall “4.” In support of his appeal, applicant provides a letter of support from his former rater, letters of recommendation from his chain of command, and copies of the appeals he previously submitted through the Evaluation Reports Appeal Board (ERAB) The applicant’s complete submission, with attachments, is at Exhibit A. ...
___________________________________________________________________ AIR FORCE EVALUATIONS: The Inquiries/AFBCMR Section, AFPC/DPPPWB, evaluated this application and provided the following information regarding the impact of the two EPRs on the applicant’s promotion consideration: The first time the two EPRs impacted the applicant’s promotion consideration was cycle 94A6 to TSgt (promotions effective Aug 93–Jul 94). We therefore recommend that the contested reports be corrected as indicated...