RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02684
INDEX CODE: 111.02
XXXXXXXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 6 March 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Enlisted Performance Report (EPR) rendered for the period of 20 April
2004 through 31 December 2004 be voided and removed from his records or be
upgraded to a rating of “5.”
_________________________________________________________________
APPLICANT CONTENDS THAT:
His rater was coerced into giving him a rating that was not justified or
commensurate to his performance for that rating period. He believes this
was deliberately done to stop his career progression in its tracks.
In support of his request, the applicant submits copies of two statements
from orderly room personnel; EPRs closing 31 December 2004 and 19 April
2004; Performance Feedback Worksheet, dated 1 July 2004; Inspector General
(IG) Personal and Fraud, Waste & Abuse Complaint; IG Complaint Response;
Application for Correction/Removal of Evaluation Reports; Record
Transmittal; and Evaluation Reports Appeal Board (ERAB) Disapproval.
The applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
According to the Military Personnel Data System, the applicant is currently
serving on active duty in the grade of master sergeant (E-7), with a date
of rank of 1 January 2005. He has a Total Active Federal Military Service
Date of 2 November 1988 and a projected date of separation of 28 January
2011.
The applicant received a rating of a “4” on his EPR for the rating period
20 April 2004 through 31 December 2004. On 27 July 2005, following the
applicant’s submission of an IG complaint pertaining to his 31 December
2004 EPR, the 7th Air Force IG found the applicant’s allegation of abuse of
authority unsubstantiated. On 6 October 2005, the applicant submitted an
application to remove the contested EPR to the ERAB. On 9 December 2005,
the ERAB denied the applicant’s requested relief.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPEP recommends denial of the applicant’s request to void his EPR
closing on 31 December 2004. DPPPEP states the applicant has failed to
provide supporting evidence that the contested report was completed
unfairly. Based on the IG investigation provided, the IG did not
substantiate any abuse of authority. This alone explains the rater was not
coerced into making a decision to downgrade the report. It is DPPPEP’s
opinion that the rater chose to make changes to the report based on his
discussion with the additional rater. This does not make the report
inaccurate.
The AFPC/DPPPEP evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
After reviewing the IG report, it does not seem as though an attempt was
made to contact any of the witnesses he provided that did not take part in
the actions he is trying to have corrected. He feels the IG should have
interviewed or at least requested statements from the witnesses as well as
those accused of the injustice against him. It seems the IG was assisting
his rater and additional rater in justifying the rating he received on his
EPR and ensuring that his complaint was unsubstantiated. The contested EPR
is used in addition to a Letter of Reprimand (LOR) he received for a one
time incident that occurred at the beginning of the reporting period.
Corrective action took place when the LOR was served. It is not necessary
to be punished twice for the same incident; however, the EPR was used as
punishment as well.
_________________________________________________________________
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. We note the applicant’s
assertion that his rater was coerced into downgrading his report to a
rating not commensurate to his performance for that rating period; however,
he did not provide supporting evidence from the rater to substantiate his
contentions. Additionally, we note an IG investigation found his
allegations of abuse of authority to be unsubstantiated. In view of the
above and in the absence of evidence showing the contested report is an
inaccurate depiction of his performance during the rating period, we agree
with the opinion and recommendation of the Air Force office of primary
responsibility. Accordingly, his request to set aside the contested EPR or
upgrade it to a rating of “5” 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 29 August 2007, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Gregory A. Parker, Member
Mr. Joseph D. Yount, Member
The following documentary evidence was considered for AFBCMR Docket Number
BC-2006-02684:
Exhibit A. DD Form 149, dated 30 Aug 06, w/atchs.
Exhibit B. Letter, AFPC/DPPPEP, dated 21 Sep 06.
Exhibit C. Letter, SAF/MRBR, dated 29 Sep 06.
Exhibit D. Applicant’s Rebuttal, not dated
THOMAS S. MARKIEWICZ
Chair
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