RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03769
INDEX CODE: 111.02
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 15 JUN 2008
___________________________________________________________________
APPLICANT REQUESTS THAT:
His rating on his Enlisted Performance Report (EPR) closing
19 May 2006, be changed from an overall “4” to a “5”; the
endorsement level be upgraded to “Senior Rater Deputy” versus
“Intermediate Level,” and the corrected report be considered by
supplemental promotion for the FY07 promotion package.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He received a significant markdown in Section III, Item 3, for
leadership and a final rating of “4” in Block IV. Applicant is
contesting these ratings because he did not receive proper feedback
during the rating period. He feels this rating was unjustified
because he was not given an opportunity for improvement.
In support of his appeal, applicant submitted a copy of his EPR
closing 19 May 2006.
Applicant’s complete submission, with attachment, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 5 Aug 87. He was
progressively promoted to the rank of master sergeant on 1 Jun 04.
He is currently serving with the Duty Title of Aircraft Section
Chief.
A resume of applicant’s EPR profile follows:
PERIOD CLOSING OVERALL EVALUATION
17 Dec 97 5
17 Dec 98 5
17 Dec 99 5
17 Dec 00 5
17 Dec 01 5
01 Jul 02 5
01 Jul 03 5
01 Jul 04 5
19 May 05 5
* 19 May 06 4
* - The contested report rendered for the period 20 May 05 –
19 May 06, reflects 365 days of supervision and performance
feedback was accomplished on 13 Jan 06.
The applicant did not file an appeal under the provisions of AFI 36-
2401, Correcting Officer and Enlisted Evaluation Reports.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPEP reviewed this application and recommended denial.
The applicant states he was never provided formal written feedback
during the reporting period. He feels the rating is unjust because
his rater failed to provide feedback and allow him to improve in
the areas in which he was marked down. The applicant alleges he
was not rendered a written performance feedback. AFI 36-2403,
paragraph 2.8, states the ratee should "notify the rater and, if
necessary, the rater's rater when a required or requested feedback
session does not take place." The applicant does not state whether
he requested a feedback session from his rater, nor does he state
he notified the rater or the rater's rater when the required
feedback session did not take place. Regardless, AFI 36-2403,
paragraph 2-10, states, "A rater's failure to conduct a required or
requested feedback session does not by itself invalidate an EPR."
Statements from the evaluators during the contested period are
conspicuously absent. In order to successfully challenge the
validity of an evaluation report, it is important to hear 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, we can only
conclude the EPR is accurate as written.
Air Force policy is that an evaluation report is accurate as
written when it becomes a matter of record. The applicant has
failed to provide any information support from the rating chain on
the contested EPR. In the absence of information from evaluators,
official substantiation of error or injustice from the Inspector
General (IG) or Military Equal Opportunity is appropriate, but not
provided in this case. It appears the reports were accomplished in
direct accordance with applicable regulations. A report is not
erroneous or unfair because the applicant believes it contributed
to a nonselection or promotion or may impact future promotion or
career opportunities. The Board recognizes that non-selection for
promotion is, for many, a traumatic event, and the desire to
overturn that non-selection is powerful motivation to appeal.
However, the Board is careful to keep the promotion and evaluation
issues separated, and to focus on the evaluation report only. The
simple willingness by evaluators to upgrade, rewrite, or void a
report is not a valid basis for
doing so.
A complete copy of the 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 26 Jan 07 for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit D).
___________________________________________________________________
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 error or injustice. The applicant
contends that he did not receive proper feedback which resulted in
him receiving an overall rating of a “4” versus a “5.” We noted
the comments provided by the applicant; however we found no
evidence to show the contested report was not an accurate or fair
assessment of his overall duty performance during the contested
rating period or that the contested report was prepared contrary to
the governing instruction. The Chief, Evaluations Programs Branch,
has addressed the issues presented by the applicant and we are in
agreement with her opinion and recommendation. Therefore, we adopt
the rationale expressed as the basis for our decision that the
applicant has failed to sustain his burden of having suffered
either an error or injustice. In the absence of persuasive
evidence to the contrary, we find no compelling basis to recommend
granting the relief sought in this application.
___________________________________________________________________
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 AFBCMR Docket Number
BC-2006-03769 in Executive Session on 13 March 2007, under the
provisions of AFI 36-2603:
Mr. Wayne R. Gracie, Panel Chair
Mr. Don H. Kendrick, Member
Mr. Steven A. Cantrell, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Dec 06.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPEP, dated 11 Jan 07.
Exhibit D. Letter, SAF/MRBR, dated 26 Jan 07.
WAYNE R. GRACIE
Panel Chair
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