RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02202
INDEX CODE: 111.02
XXXXXXXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 11 January 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her Enlisted Performance Report (EPR) rendered for the period of 2 August
2000 through 30 June 2002 be voided and removed from her records.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was never given performance feedback even though her EPR indicates that
she received performance feedback on 10 June 2002. In addition, her
additional rater helped the rater write her EPR by dictating the ratings.
In support of her request, the applicant submits copies of her requests to
remove/correct her EPR; the contested EPR; e-mail correspondence concerning
the EPR in question; memorandums from her commander and rater; and an
Evaluation Reports Appeal Board (ERAB) denial memorandum. The applicant’s
complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The Military Personnel Database (MilPDS) indicates the applicant is
currently assigned to the Air Force Reserve with an Effective Date of
Initial Gain to Strength of 6 July 1994 and a Paydate of 6 July 1988. She
was promoted to the grade of technical sergeant (E-6), effective and with a
date of rank of 1 May 2003. Her projected date of separation is 19 June
2007.
The following is a resume of the applicant’s EPR profile:
PERIOD ENDING PROMOTION RECOMMENDATION
07 Jun 98 5
15 Jun 99 5
01 Aug 00 5
30 Jun 02* 4
30 Jul 03 5
30 Jul 05 5
*Contested report
According to a memorandum from the Superintendent, Board Support and
Evaluation Division, dated 25 April 2004, the ERAB considered and denied
the applicant’s request to void her EPR closing 30 June 2002.
On 20 July 2005, ARPC/DPBPP, requested the applicant provide a copy of the
additional rater’s e-mail, dated 10 July 2003, which the applicant’s cites
as an attachment in her Air Force Board for Correction of Military Records
application package. To this date the applicant has not responded.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPB recommends denial of the applicant’s request to void her EPR
closing on 30 June 2002. DPB states all evaluation reports are deemed
valid and accurate when rendered, unless substantial information comes to
light to contradict the initial report. Although the applicant has
provided an e-mail from the additional rater bringing the accuracy of the
feedback session date into question, this alone does not invalidate the
EPR. Air Force Instruction 36-4202, Officer and Enlisted Evaluation
System, paragraph 2.10 states “While documented feedback sessions are
required by this instruction, they do not replace informal day-to-day
feedback. A rater’s failure to conduct a required or requested feedback
session, or document the session on a Performance Feedback Worksheet will
not, of itself, invalidate any subsequent performance report.” Whether the
feedback session in question occurred or not does not invalidate the
applicant’s performance documented on the EPR.
It is DPB’s opinion that there is nothing in the applicant’s records nor
has she provided documentation to indicate the EPR was inaccurate when
rendered. Additionally, the applicant has failed to submit any supporting
documentation to validate the claim that her rater was coerced into giving
ratings provided by the additional rater. The ARPC/DPB evaluation is at
Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 29
July 2005, for review and comment within 30 days. As of this date, this
office has received no response.
_________________________________________________________________
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 probable error or injustice warranting favorable consideration
of the applicant’s request that the contested report be removed from her
records. The applicant asserts that the additional rater helped the rater
write the contested EPR by dictating the ratings; however, we find no
persuasive documentation was provided to support this contention. In
addition, the applicant claims she did not receive a performance feedback
session on 10 July 2003 as indicated on the EPR. We note the comments
provided by the Air Force office of primary responsibility that although
Air Force policy does require performance feedback for personnel, it does
not replace day-to-day feedback; and, failure to conduct a required or
requested session does not, of itself, invalidate any subsequent
performance documented on the report. While we note the comments provided
by the applicant’s additional rater that he supports her appeal to remove
the contested report, he does not provide reasoning as to why the EPR
should be removed or what made the report inaccurate. In view of the above
and in the absence of evidence showing the contested report is an
inaccurate depiction of her performance during the referent period, we
agree with the opinion and recommendation of the Air Force office of
primary responsibility. Accordingly, her request to set aside her EPR 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 this application in Executive
Session on 14 December 2005, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Wallace F. Beard Jr., Member
Ms. Josephine L. Davis, Member
The following documentary evidence was considered in connection with AFBCMR
Docket Number BC-2005-02202:
Exhibit A. DD Form 149, dated 29 Jun 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPB, dated 26 Jul 05.
Exhibit D. Letter, SAF/MRBR, dated 29 Jul 05.
THOMAS S. MARKIEWICZ
Chair
The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that the Enlisted Performance Report, AF Form 910, rendered for the period 24 July 1997 through 11 December 1998, be declared void and removed from her records. ROSCOE HINTON JR. Panel Chair AFBCMR 02-01041 MEMORANDUM...
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