RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01516
INDEX CODE: 111.02
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 19 NOV 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
The board substitute her Enlisted Performance Report (EPR) closing 3 Feb 03
and grant her supplemental promotion consideration for promotion cycle
04E8.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her rater failed to include a wing-level Communications and Information
(C&I) award and a squadron-level quarterly award in her EPR. She didn’t
realize the quarterly award was omitted until the C&I award omission was
discovered. In addition, she was not notified of her selection as the C&I
award winner until Jan 04 and therefore, did not have the opportunity to
request a correction prior to the 04E8 promotion board. She believes if
the awards were included in her EPR, her board score would have been higher
and she subsequently would have been promoted to senior master sergeant
during the 04E8 cycle.
In support of the application, the applicant submits copies of the
contested and replacement EPR, a memorandum from her former Flight
Commander, an e-mail from the Deputy Flight Commander, a memorandum from
the 18th Wing Command Chief Master Sergeant, a personal statement, an
excerpt from AFI 2502 and the Chief Master Sergeant (CMSgt)/Senior Master
Sergeant Promotion (SMSgt) Program Fact Sheet.
Her complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Data extracted from the personnel data system reflects the applicant
contracted her initial enlistment in the Regular Air Force on 28 Sep 87.
She was considered but not selected for promotion to SMSgt in the 04E8
cycle. The following cycle, 05E8 she was selected for promotion to the
grade of SMSgt and has assumed that grade effective and with a date of rank
of 1 Oct 05.
_________________________________________________________________
AIR FORCE EVALUATION:
APFC/DPPEP recommends denial. AFPC/DPPEP states the applicant had ample
time to initiate the appeals process. DPPEP does not find specific
evidence the contested report is flawed or unjust. The supporters of the
applicants appeal do not explain how they were hindered from rendering a
fair and accurate assessment of her performance prior to the report being
made a matter of record. The appeals process does not exist to recreate
history or enhance chances for promotion. As a result, DPPEP is not
convinced the contested report is not accurate as written and does not
support the request for removal and replacement.
The complete DPPEP evaluation, with attachments, is at Exhibit C.
AFPC/DPPPWB defers to the recommendation of AFPC/DPPPEP. DPPPWB states
supplemental promotion consideration is granted on a case-by-case basis. A
member will not normally be granted supplemental consideration if the error
or omission appeared on his/her Data Verification Record (DVR) or in the
Unit Personnel Record Group (UPRG) and the individual did not take the
appropriate corrective or follow up action before the original board
convened. The applicant did not pursue a change to this EPR through the
Evaluation Reports Appeal Board (ERAB) until 8 Feb 06, well after the board
convened for the 04E8 cycle (26 Jan 04). The request was denied by the
ERAB on 22 Mar 06. The first time the contested EPR was used in the
promotion process was cycle 04E8. Her board score was 390.00, total
promotion score was 651.33, and the score required for selection in her
AFSC was 651.58.
The complete DPPPWB evaluation, with attachments, is at Exhibit D.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant states she did not discover until the summer of 2004 that a
second appeal to include the omitted awards was authorized. She believes
the advisor neglects to explain that in order to initiate an appeal you
must have the original signatures of the rater, additional rater and the
reviewing official on the corrected EPR. Considering her rater made a
permanent change of station to another location and her additional rater
had retired, she believes 39 days was unrealistic to believe this process
could have been completed before the board met. After learning she could
appeal the EPR, she worked diligently to get the package completed and has
email correspondence to support her efforts. She further notes, AFI 36-
2406, Officer and Enlisted Evaluation Systems affords members three years
from the date an error is discovered to appeal an EPR. Her appeal was
submitted well within the three year time frame. She believes the advisor
inaccurately states she was considered for promotion three times after her
EPR became a matter of record. She was only considered twice and was
selected for SMSgt the second time during the 05E8 promotion cycle. She
also provides evidence that she was not informed of the (C&I) award until
Jan 04 making it impossible to correct her EPR ending 4 Feb 03 before it
became a matter of record. The advisor also indicates her supporters did
not explain how they were hindered from rendering a fair and accurate
assessment of her performance; however, she provided a memorandum from the
Test Director stating during the announcement of her winning the C&I award,
she was deployed in support of Operation Enduring Freedom and they failed
to sufficiently recognize her and failed to include the award in her EPR.
She states awards are used to evaluate the “whole person” concept during
the promotion selection boards according to the CMSgt/SMSgt Promotion
Program fact sheet, dated 1 Aug 05. The AFI states you can file an appeal
to correct or remove an EPR from your records if you believe it’s incorrect
or unjust. She believes her EPR closing out 4 Feb 03 is incorrect because
it does not accurately reflect her performance during the reporting period
and should therefore be corrected.
Her 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. Sufficient relevant evidence has been presented to demonstrate the
existence of an error or injustice warranting corrective action. Aplicant
requests her EPR closing 3 Feb 03 be replaced with a corrective report.
She contends her raters omitted comments in her report which she believes
were significant enough to have increased her promotion board score. The
Air Force recommends her request be denied contending the applicant is
attempting to recreate history and that she failed to initiate the appeals
process prior to the convening of the selection board. However, to
contrary, it appears the applicant realized the information pertaining to
her selection as winner of the awards prior to the convening of the
selection board and made every reasonable attempt to request correction of
her EPR, but because of circumstances outside of her control, she was
unable to do so. Accordingly, we believe the applicant has established
reasonable doubt as to whether or not an injustice exists and it is our
opinion that any doubt in this matter should be resolved in her favor. We
are unable to ascertain whether or not the information regarding her awards
is significant enough to warrant her selection for promotion during the
04E8 cycle and we believe that determination should be placed in the hands
of duly appointed promotion board members. Therefore, it is our opinion
that her records should be corrected to the extent indicated below.
_________________________________________________________________
RECOMMENDATION OF THE BOARD:
The pertinent military records of the Department of the Air Force relating
to APPLICANT be be corrected to show that her Senior Enlisted Performance
Report (EPR), AF Form 911, rendered for the period 5 February 2002 through
4 February 2003, be declared void and replaced with the attached EPR
reflecting in Section VII, Reviewer's Comments, first sentence, "Pace-
setting! 99 ABW Comm & Info Award Winner '02 ..stellar performance set her
apart from peers."
It is further recommended that she be provided supplemental consideration
for promotion to the grade of senior master sergeant (E-8) for promotion
cycle 04E8.
If AFPC discovers any adverse factors during or subsequent to supplemental
consideration that are separate and apart, and unrelated to the issues
involved in this application, that would have rendered the individual
ineligible for the promotion, such information will be documented and
presented to the Board for a final determination on the individual’s
qualification for the promotion.
If supplemental promotion consideration results in the selection for
promotion to the higher grade, immediately after such promotion the records
shall be corrected to show that she was promoted to the higher grade on the
date of rank established by the supplemental promotion and that she is
entitled to all pay, allowances, and benefits of such grade as of that
date.
________________________________________________________________
The following members of the Board considered this application in Executive
Session on 26 Jul 06 and 18 Aug 06, under the provisions of AFI 36-2603:
Mr. Jay H. Jordan, Panel Chair
Ms. Patricia R. Collins, Member
Ms. Renee M. Collier, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 Apr 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPEP, dated 7 Jun 06.
Exhibit D. Letter, AFPC/DPPPWB, dated 8 Jun 06.
Exhibit E. Letter, SAF/MRBR, dated 23 Jun 06.
Exhibit F. Letter, Applicant, dated 17 Jul 06, w/atchs.
JAY H. JORDAN
Panel Chair
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