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AF | BCMR | CY2006 | BC-2006-02976
Original file (BC-2006-02976.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2006-02976
            INDEX CODE:  111.02
            COUNSEL:  None
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: Apr 01, 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His enlisted performance report (EPR) for the period 12 Sep 04 to 11 Sep  05
be permanently removed from his records.
_________________________________________________________________

APPLICANT CONTENDS THAT:


His record is in error and unjust because his supervisor  was  pressured  to
downgrade his rating.

In support of his request,  applicant  provided  three  character  reference
letters.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s last EPR was rated as an overall 4  with  markdowns  in  the
areas of duty performance, job  knowledge,  leadership,  managerial  skills,
and judgment.

The applicant’s rater provided a statement indicating he  (rater)  was  told
by senior enlisted leadership that the report would not be signed with  a  5
rating so he adjusted the report accordingly.  He also stated  he  and  four
other  senior  enlisted  leadership  personnel  informed  the  applicant  of
actions relating to his EPR.

The applicant is presently serving on active duty in the grade of  MSgt  (E-
7).  A resume of the applicant’s last ten EPRs follows:

            PERIOD ENDING    OVERALL RATING

              22 Aug 96               5
              22 Aug 97               5
              22 Mar 98               5
              22 Mar 99               5
              22 Mar 00               5
            PERIOD ENDING    OVERALL RATING

              22 Mar 01               5
               1 Feb 03               5
              11 Sep 03               5
              11 Sep 04               5
             *11 Sep 05               4

*Report contested by the applicant.

The  applicant  did  not  appeal  under  the  provisions  of  AFI   36-2401,
Correcting Officer and Enlisted Evaluation Reports.

_______________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPEP recommends the Board deny the request to  void  the  report.  As
outlined in AFI 36-2406, Officer  and  Enlisted  Evaluation  Systems,  Table
3.2, line  20,  “Evaluators  should  discuss  disagreements  when  preparing
reports.  Prior evaluators are first given  an  opportunity  to  change  the
evaluation; however, they will not change their evaluation just  to  satisfy
the  evaluator  who  disagrees.   If,  after  discussion,  the  disagreement
remains, the disagreeing evaluator marks the nonconcur block,  initials  the
blocks in section III deemed more appropriate, and comments on each item  in
disagreement.”  The  correct  procedure  was  used  when  accomplishing  the
applicant’s EPR.  The rater chose  to  change  the  rating  of  the  report.
There  is  no  evidence  provided  to  show   the   report   was   completed
inaccurately.

Additionally,  AFPC/DPPPEP  recommends  the  AFBCMR  direct  the  report  be
reaccomplished to include the correct endorsement.  The report violates  AFI
36-2406, paragraph 3.1.3.2, because the final endorser is not in  the  grade
of major or above.

The complete evaluation of AFPC/DPPPEP is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on  1  Dec
06 for review and comment within 30 days.  As of this date, this office  has
not received a response.

________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has not 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  to  warrant  relief.    After   careful
consideration of the applicant’s  request  and  the  available  evidence  of
record, the Board was persuaded that the applicant has been  the  victim  of
an error or injustice. The  applicant’s  rater  was  influenced  by  members
outside of the rating  chain.   Additionally,  there  is  doubt  the  rater,
additional  rater,  and  indorser  held  discussions  as  evidenced  by  the
improper individual signing as the final indorser.  Therefore, we  recommend
the applicant’s records be corrected as indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to John D. Jenkins, 242-23-7811, be corrected  to  show  that  the  Enlisted
Performance Report, AF Form 911, rendered for the period 12 Sep  04  through
11 Sep 05, be declared void and removed from his records.

It is further recommended that he  be  provided  supplemental  consideration
for  the  promotion  to  the  grade  of  senior  master  sergeant  for   all
appropriate cycles beginning with Cycle 06E8.

If selected for  promotion  to  the  grade  of  senior  master  sergeant  by
supplemental  consideration  he  be  provided  any  additional  supplemental
required as a result of that selection, if applicable.

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  applicant
ineligible for promotion, such information will be documented and  presented
to the Board for a final determination on  the  individual’s  qualifications
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 he was promoted to the higher grade  on  the
date of rank established by  the  supplemental  promotion  and  that  he  is
entitled to all pay and allowances, and benefits of such grade  as  of  that
date.
 ________________________________________________________________




The following members of the Board considered  Docket  Number  BC-2006-02976
in Executive Session on 9 January 2007, under  the  provisions  of  AFI  36-
2603:

            Ms. Kathleen F. Graham, Panel Chair
            Ms. Mary C. Puckett, Member
            Mr. Patrick C. Daugherty, Member


The following documentary evidence pertaining to Docket Number BC-2006-
02976 was considered:

      Exhibit A.  DD Form 149, dated 14 Sep 06, w/Atchs.
            Exhibit B.  Applicant's Master Personnel Records.
            Exhibit C.  Letter, AFPC/DPPPEP, dated 16 Nov 06.
            Exhibit D.  Letter, SAF/MRBR, dated 1 Dec 06.




                                   KATHLEEN F. GRAHAM
                                   Panel Chair












      AFBCMR BC-2006-02976






      MEMORANDUM FOR THE CHIEF OF STAFF


            Under the authority of Section 1552, Title 10, United States
      Code and Air Force Instruction 36-2603, and having assured compliance
      with the provisions of the above regulation, the decision of the Air
      Force Board for Correction of Military Records is announced, and it is
      directed that:


            The pertinent military records of the Department of the Air
      Force relating to
      XXXXXX, be corrected to show that the Enlisted Performance Report, AF
      Form 911, rendered for the period 12 Sep 04 through 11 Sep 05, be and
      hereby is, declared void and removed from his records.


           It is further directed that he be provided supplemental
      consideration for the promotion to the grade of senior master sergeant
      for all appropriate cycles beginning with Cycle 06E8.


           If selected for promotion to the grade of senior master sergeant
      by supplemental consideration, he be provided any additional
      supplemental required as a result of that selection, if applicable.


            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 applicant ineligible for promotion, such information will be
      documented and presented to the Board for a final determination on the
      individual’s qualifications 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 he was promoted to the
      higher grade on the date of rank established by the supplemental
      promotion and that he is entitled to all pay and allowances, and
      benefits of such grade as of that date.






                                       JOE G. LINEBERGER

       Director

       Air Force Review Boards Agency





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