RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02724
INDEX CODE: 111.02
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 13 MAY 08
_________________________________________________________________
APPLICANT REQUESTS THAT:
The Enlisted Performance Report (EPR) rendered for the period 29 July
2004 through 28 July 2005 be upgraded or removed from his records.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The report in question was accomplished with information that occurred
outside of the rating period.
In support of his application, applicant provided a memorandum,
Performance Report Information, E-mails, AF Forms 1297, and a
Deployment Packing List.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on active duty in the grade of
staff sergeant (SSgt).
On 18 August 2005, the applicant received a referral EPR for the
period ending 28 July 2005. The applicant did not file an appeal
under the provisions of AFI 36-2401, Correcting Officer and Enlisted
Evaluation Reports (ERAB).
The applicant’s performance report profile as a SSgt reflects the
following:
PERIOD ENDING OVERALL EVALUATION
28 Jul 02 4
29 Jul 03 4
29 Jul 04 4
*28 Jul 05 3
28 Jul 06 4
* Contested Report/Referral Report
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPEP recommends the requested relief be denied. They state the
applicant has failed to provide supporting evidence to prove the
report was inaccurate. The applicant contends his report contained
information that did not occur during the rating period. The
applicant received a referral report based on a derogatory comment
“Mismanagement of accounts rendered three separate reports of surveys
costing over $49k in lost equipment.” The documentation the applicant
provided shows that the initial actions began two-three years ago.
However, the e-mail traffic reflects the report of surveys did occur
during the rating period. The Air Force Instruction 36-2406,
paragraph 3.7.6 states do not include comments regarding events which
occurred in a previous reporting period, unless the events add
significantly to the evaluation report, were not known to and
considered by the previous evaluators, and were not previously
reflected in an evaluation report.
Air Force policy is that an evaluation report is accurate as written
when it becomes a matter of record. They further state, to
effectively challenge an EPR, it is imperative to hear from all the
members of the rating chain--not only for support, but also for
clarification and explanation. The applicant has not provided any
information or documented support from his rating chain. In the
absence of information from evaluators, official substantiation of an
error or an injustice from the Inspector General (IG) or Military
Equal Opportunity is appropriate, but has not been provided with his
case.
Furthermore, statements from evaluators during the contested period
are conspicuously absent. In order to successfully challenge the
validity of an evaluation report, it is important to here from the
evaluators—not necessarily for support, but at least for
clarification/explanation. The applicant has not provided any such
documentation. Without benefit of these statements, they can only
conclude the report is accurate as written.
A complete copy of the AFPC/DPPPEP evaluation is attached at Exhibit
C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 5
January 2007, for review and response. As of this date, no response
has been received by this office.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of an error or an injustice. Applicant’s contentions
are duly noted; however, we do not find his assertions, in and by
themselves, sufficiently persuasive to override the rationale provided
by the appropriate office of the Air Force. The applicant contends
his report for the period ending 28 July 2005 was accomplished with
information that did not occur during the rating period. The e-mail
documentation the applicant provided shows the report of survey
actions occurred during the reporting period. Furthermore, Air Force
policy is that an evaluation report is accurate as written when it
becomes a matter of record. The applicant did not provide any
evidence as to why the report is not an accurate reflection of his
performance. Nor has he provided any documentation from his rating
chain in support of his request. In view of the foregoing, the Board
majority finds no compelling basis upon which to recommend the
requested relief.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-
2006-02724 in Executive Session on 1 March 2007, under the provisions
of AFI 36-2603:
Mr. Laurence M. Groner, Chair
Mr. Alan A. Blomgren, Member
Ms. Kathleen B. O’Sullivan, Member
The following documentary evidence pertaining to AFBCMR Docket Number
BC-2006-02724 was considered:
Exhibit A. DD Form 149, dated 15 Aug 06 w/atchs.
Exhibit B. Applicant's Enlisted Performance Reports.
Exhibit C. Letter, AFPC/DPPPEP, dated 15 Dec 06.
Exhibit D. Letter, SAF/MRBR, dated 5 Jan 07.
LAURENCE M. GRONER
Panel Chair
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