RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01402
INDEX CODE: 111.05
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 9 NOVEMBER 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Enlisted Performance Report (EPR) rendered for the period 28 November
2003 through 27 November 2004, be declared void and removed from his
records.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The bullets in the EPR are not supportive of the marks on the front of the
EPR and the rating on the back. He strongly believes a conflict of
personalities played a vital role in the rating on this EPR.
In support of his request, applicant provided copies of the EPRs and AF
Form 77, Supplemental Evaluation Sheet.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant is currently serving in the Regular Air Force in the grade of
staff sergeant.
The applicant did not file an appeal under the provisions of AFI 36-2401,
Correcting Officer and Enlisted Evaluation Reports.
The first time the contested report was used in the promotion process was
cycle 06E6. Results for this cycle are due to be released to the public on
15 June 2006. If the member is a nonselect and the Board grants his request
to void the contested report, they could direct he be provided supplemental
consideration for cycle 06E6.
The following is a resume of the applicant's recent EPR profile.
PERIOD ENDING OVERALL EVALUATION
30 Jan 02 5
27 Nov 02 5
27 Nov 03 5
09 Sep 04 Supplemental Evaluation Sheet
* 27 Nov 04 3
27 Nov 05 5
* - Contested reports
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPEP recommends denial and states Air Force policy is that an
evaluation report is accurate as written when it becomes a matter of
record. To effectively challenge an EPR, it is necessary to hear from all
the members of the rating chain - not only for support, but also for
clarification/explanation. The applicant has failed to provide any
information/support from the rating chain on the contested EPR. In the
absence of information from evaluations, official substantiation of error
or injustice from the Inspector General (IG) or Military Equal Opportunity
is appropriate, but not provided in this case. In this case, the applicant
failed to provide any supporting evidence to support his case.
AFPC/DPPPEP's complete 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 23
June 2006 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. Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice warranting voidance of the EPR closing 27
November 2004 from his records. In this respect, after thorough review of
the evidence of record, we believe reasonable doubt has been established as
to whether or not the performance report closing this period, is a true and
accurate assessment of his performance during the period in question.
Based on the evidence provided, in particular his previous and subsequent
performance report history, it appears the rater was unable to objectively
assess the applicant's performance. In consideration of all the
circumstances involved, it is our opinion that the benefit of any doubt in
this matter should be resolved in his favor. Accordingly, we recommend
that his records be corrected to the extent indicated below.
_________________________________________________________________
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 28 November 2003 through 27
November 2004, be declared void and removed from his records.
It is further recommended that the applicant be provided supplemental
consideration for promotion to the grade of technical sergeant beginning
with cycle 06E6.
_________________________________________________________________
The following members of the Board considered Docket Number BC-2006-01402
in Executive Session on 19 July 2006, under the provisions of AFI 36-2603:
Mr. Michael J. Novel, Panel Chair
Mr. Reginald P. Howard, Member
Ms. Barbara R. Murray, Member
All members voted to correct the records, as recommended. The following
documentary evidence pertaining to BC-2006-01402 was considered:
Exhibit A. DD Form 149, dated 1 May 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPP, dated 8 Jun 06.
Exhibit D. Letter, SAF/MRBR, dated 23 Jun 06.
MICHAEL J. NOVEL
Panel Chair
AIR FORCE BOARD FOR CORRECTION
OF MILITARY RECORDS
CASE TRANSMITTAL / COORDINATION RECORD
IN THE MATTER OF DOCKET NO:
XXXXXXX BC-2006-01402
ROUTE IN TURN INITIALS DATE
1. CHIEF EXAMINER ________ ________
(Coord/Signature)
2. EXECUTIVE DIRECTOR ________ ________
(Coordination)
3. Mr.Michael Novel
Panel Chair
(Signature on Proceedings)
4. SAF/MRB (Approval) ________ ________
5. AFBCMR (Processing)
DANIEL C. MILLER
EXAMINER
AIR FORCE BOARD FOR CORRECTION
OF MILITARY RECORDS
AFBCMR BC-2006-01402
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:
The pertinent military records of the Department of the Air Force
relating to XXXXXXX, XXXXXXX, be corrected to show that the Enlisted
Performance Report, AF Form 910, rendered for the period 28 November 2003
through 27 November 2004, be, and hereby is, declared void and removed from
his records.
It is further directed that the applicant be provided supplemental
consideration for promotion to the grade of technical sergeant beginning
with cycle 06E6.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
AFBCMR
1535 Command Drive
EE Wing, 3rd Floor
Andrews AFB, MD 20762-7002
TSgt XXXXXXX
880 Bethel Rd
Conyers, GA 30012
Dear Sergeant Cox
Your application to the Air Force Board for Correction of Military
Records, AFBCMR BC-2006-01402, has been finalized.
The Board determined that the military records should be corrected as
set forth in the attached copy of a Memorandum for the Chief of Staff,
United States Air Force. The office responsible for making the correction
will inform you when your records have been changed.
After correction, the records will be reviewed to determine if you
are entitled to any monetary benefits as a result of the correction of
records. This determination is made by the Defense Finance and Accounting
Service (DFAS-DE), Denver, Colorado, and involves the assembly and careful
checking of finance records. It may also be necessary for the DFAS-DE to
communicate directly with you to obtain additional information to ensure
the proper settlement of your claim. Because of the number and complexity
of claims workload, you should expect some delay. We assure you, however,
that every effort will be made to conclude this matter at the earliest
practical date.
Sincerely
RALPH J. PRETE
Chief Examiner
Air Force Board for Correction
of Military Records
Attachments:
1. Record of Proceedings
2. Copy of Directive
cc:
DFAS-
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