RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01693
INDEX CODE: 131.03, 111.02
COUNSEL: None
HEARING DESIRED: No
MANDATORY CASE COMPLETION DATE: 27 Nov 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be considered and promoted to the grade of master sergeant (MSgt)
while serving on a 2003-2005 tour of duty as an Active Guard Reserve
(AGR) member (Title 10, USC, Section 12310).
[Note: The applicant also challenges the Enlisted Performance Report
(EPR) for the period 8 Apr 03 through 7 Apr 04, but does not
specifically ask that it be removed or upgraded.]
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was unfairly treated and unjustly denied promotion. The 7 Apr 04
EPR was administered inappropriately and against Air Force
guidelines/instructions. The additional rater, Chief A, was his
initial supervisor before the rater, MSgt C. After about three
months, he felt a “disconnect” with them. His rater rarely spoke to
him, the additional rater embarrassed him in front of others, and both
had no confidence in his abilities. An initial feedback session to
establish clear-cut expectations within the first 60 days of his tour
and another session six months after the EPR were not accomplished.
During his last 30 months with this Agency, he never received feedback
stating he was ineligible for promotion. Consequently, he believed he
met all expectations in completing assigned duties and tasks, as well
as time-in-grade (TIG), time-in-service (TIS), and professional
military education (PME). Both times when he inquired, Chief A
personally told him he would be promoted to MSgt. However, a co-
worker told him the Chief confided to her that he “didn’t deserve to
be promoted” but gave no reason why. He was criticized without being
given constructive advice. The only thing he wanted for his
retirement was a shadow box, but MSgt C told him he would not receive
one. As of his last day, no congratulatory remarks regarding his
retirement were expressed by either evaluator.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Air Force Reserves on 15 Jan 82 and was
ultimately promoted to the grade of technical sergeant (TSgt)
effective 1 Apr 98.
By HQ Air Reserve Personnel Center (ARPC) Special Order AB-132, dated
2 Apr 02, the applicant was ordered to extended active duty
(voluntary), effective 8 Apr 02, as an Active Guard Reserve (AGR)
member in accordance with Title 10, USC, Section 12310, for 4 years
and 22 days unless sooner relieved, and assigned to the Air Force
Review Boards Agency (AFRBA) at Andrews AFB, MD, as the Non-
Commissioned Officer-In-Charge (NCOIC), Executive Support. In this
capacity, he was a Reservist on active duty and remained under the Air
Force Reserve promotion system. For airmen who meet eligibility
requirements, the immediate supervisor recommends promotion on AF Form
224, Recommendation and Authorization for Promotion of Airman as
Reserve of the Air Force. The Form is submitted to the immediate
commander and, if the member is selected, the recommendation is
forwarded to the appropriate promotion authority for approval. The
position to which the applicant was assigned was authorized a MSgt
grade.
The applicant’s EPRs are provided at Exhibit B. From 14 Jun 82 to
26 May 89, all of his reports reflect an overall rating of 9, the
highest level under the “old” system. His EPRs under the current
system are as follows:
PERIOD ENDING OVERALL EVALUATION
27 Oct 89 5
3 Jun 90 3
3 Jun 91 3
4 Oct 91 4
4 Oct 92 4
4 Oct 93 4
4 Oct 94 5
30 May 95 5
30 May 96 5
22 Jul 01 5
*7 Apr 03 3
*7 Apr 04 3
* According to the 7 Apr 03 EPR, Chief A was the rater and the
Director, AFRBA, was the additional rater. The report indicates the
last feedback session was accomplished on 15 Dec 02, and in Section
VI, the additional rater comments that the applicant earned a Masters
Degree in Procurement & Acquisition. According to the 7 Apr 04
report, MSgt C was the rater and Chief A was the additional rater.
The EPR indicates the last feedback session was conducted on 15 Dec
03. The performance factors in Section III are rated the same on both
EPRs.
The applicant retired in the grade of TSgt on 1 Feb 05, after 20
years, 9 months and 23 days of active service. He also had 2 years,
11 months, and 25 days of inactive service.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ ARPC/DPB advises that an enlisted AGR promotion requires
recommendation by the individual’s supervisor using AF Form 224. This
is accomplished for members who meet all eligibility criteria found in
AFI 36-2502, Table 4.2. Although the applicant met most of the
eligibility criteria, his supervisor did not complete AF Form 224. He
was not recommended for promotion, which is the final eligibility
requirement found in Table 4.2. Promotion is not a reward for past
service but rather an advancement based on past performance and future
potential. As regards the feedback/EPR issue, AFI 36-2402, para. 2.10
indicates a rater’s failure to conduct a required or requested
feedback session, or document the session on a performance feedback
worksheet (PFW) does not inherently invalidate a subsequent EPR. The
applicant has not provided additional reason or documentation to
invalidate his last EPR. Therefore, recommend the appeal be denied.
A complete copy of the evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He should have received an initial and follow-up feedback session per
AF Instructions and guidelines. He never received day-to-day
feedback. Through most of 2004, both raters almost never spoke a word
to him except through e-mail. He questions the EPR’s reporting dates,
contending he arrived at the agency on 8 Apr 02 and the report should
be backdated to 2002. He asserts his receiving a Master’s Degree in
May 02 was omitted from the contested EPR, as were other significant
contributions. [Note: The EPR for the period 8 Apr 02 through 7 Apr
03 does mention his earning a Master’s Degree in Procurement &
Acquisition in the additional rater’s comments (Section VI) - See
Statement of Facts above and EPRs at Exhibit B.]
A complete copy of applicant’s 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. After a thorough review of the
evidence of record and the applicant’s submission, we are not
persuaded he should be promoted to MSgt or that the 7 Apr 04 EPR
should be altered in any way. The applicant’s contentions are duly
noted; however, we do not find these uncorroborated assertions, in and
by themselves, sufficiently persuasive to override the rationale
provided by the Air Force. While we are willing to allow for the
possibility that the relationship between the applicant and his
evaluators may have been strained, he has not established to our
satisfaction that he was incorrectly rated or unjustly denied
promotion to MSgt. The 7 Apr 03 and 7 Apr 04 EPRs indicate
performance feedback sessions were accomplished in Dec 03 and Dec 04,
respectively. The applicant does not appear to take issue with the
7 Apr 03 EPR, even though it reflects the same performance factor
ratings and overall evaluation as the contested report. He asserts
the 7 Apr 04 EPR did not include his achievements, such as his earning
his Master’s Degree in Procurement & Acquisition. However, we note
this accomplishment was mentioned by the additional rater in the 7 Apr
03 report. The applicant may have met most of the eligibility
criteria for promotion, but he has not convinced us that his rating
chain was wrong in not endorsing him for promotion to the grade of
MSgt. We can understand the applicant’s disappointment in not being
recommended for promotion; however, neither the evidence of record nor
his submission has established that he suffered either an error or
injustice. In view of the above and absent persuasive evidence to the
contrary, 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 this application in
Executive Session on 4 August 2005 under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Terry L. Scott, Member
Mr. James W. Russell III, Member
The following documentary evidence relating to AFBCMR Docket Number BC-
2005-01693 was considered:
Exhibit A. DD Form 149, dated 16 May 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ ARPC/DPB, dated 3 Jun 05.
Exhibit D. Letter, SAF/MRBR, dated 10 Jun 05.
Exhibit E. Letter, Applicant, dated 20 Jun 05.
THOMAS S. MARKIEWICZ
Chair
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