RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03817
INDEX CODE: 111.05
XXXXXXXXXXX COUNSEL: NOT INDICATED
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 17 JUN 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
The Enlisted Performance Report (EPR) closing out on 1 July 2004, be
declared void and removed from his records.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The report is unjust, because he received excellent feedback during the
reporting period and comments are strong compared to the overall rating.
In support of his request, the applicant provided a personal statement, Air
Force Form 931, Performance Feedback Worksheet (PFW), Evaluations Reports
Appeal Board (ERAB) Decision, AF IMT Form Application for
Correction/Removal of Evaluation Reports, AF Form 623A, On-The-Job Training
Record Continuation Sheet, and AF IMT 910, Enlisted Performance Report.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force in the grade of airman
basic on 14 March 1990, for a term of 4 years. He was progressively
promoted to the grade of staff sergeant and currently serves in that grade.
His EPR profile reflects the following:
PERIOD ENDING EVALUATION OF POTENTIAL
14 Nov 91 4
2 Aug 93 5
4 Nov 94 5
11 Nov 95 4
11 Nov 96 4
11 Nov 97 4
11 Nov 98 4
11 Nov 99 5
30 Jul 99 5
1 Oct 00 5
1 Oct 01 5
2 Oct 02 5
1 Jul 03 5
*1 Jul 04 4
1 Jul 05 5
1 Jul 06 5
* Contested report
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPEP recommends denial. DPPPEP states in part, the applicant is
attempting to relate the ratings on the EPR to the markings on the PFW.
This is an inappropriate comparison and is inconsistent with the Enlisted
Evaluation system. The purpose of the feedback session is to give the
ratee direction and to define performance expectations for the rating
period in question. Feedback also provides the ratee the opportunity to
improve performance, if necessary, before the EPR is written. The rater
who prepares the PFW may use the PFW as an aid in preparing the EPR and, if
applicable, subsequent feedback sessions. Ratings on the PFW are not an
absolute indicator of EPR ratings or potential for serving in a higher
grade. Every exceptional performer does not possess outstanding promotion
potential and evaluators need to make that clear on the EPRs they write.
It is not reasonable to compare one report covering a certain period of
time with another report covering a different period of time. This does
not allow for changes in the ratee’s performance and does not follow the
intent of the governing regulation. The EPR was designed to provide a
rating for a specific period of time based on the performance noted during
that period, not based on previous performance. 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 of 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
non-selection for promotion or may impact future promotion or career
opportunities. The Board recognizes 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. You must prove the report is erroneous or unjust based on its
content.
The complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states the performance feedback work sheet is used to tell a
ratee what is expected regarding duty performance and how well expectations
are being met. His supervisor gave him a perfect rating on his feedback
and there was no indication his performance was less than perfect. During
the rating period in question, he was selected as the worker of the quarter
while unsupervised. The rater refused to change his mind and insists there
are numerous infractions in his personal information file, which has been
reviewed by his chain of command and proven to be false.
The complete response, with attachments, is at Exhibit E.
_________________________________________________________________
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 the contested EPR
is unjust and should be removed from his records. After reviewing the
documentation provided by the applicant and the evidence of record, the
Board finds no persuasive evidence showing the applicant was rated
unfairly; the report is in error; or that the evaluators were biased and
prejudiced against the applicant. In our opinion, the evaluators were
responsible for assessing the applicant’s performance during the period in
question and are presumed to have rendered his evaluation based on their
observation of his performance. In view of this, and since he has failed
to provide support from his rating chain agreeing to change his EPR, we
agree with the opinions and recommendation of the Air Force office of
primary responsibility and adopt its rationale as the basis for our
conclusion that the applicant has not been the victim of an error or
injustice. In the absence of evidence to the contrary, we find no
compelling basis to recommend granting the relief sought.
4. The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will materially
add to our understanding of the issue(s) involved. Therefore, the request
for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of an 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-
03817 in Executive Session on 24 May 2007, under the provisions of AFI 36-
2603:
Ms. B.J. White-Olson, Panel Chair
Ms. Glenda H. Scheiner, Member
Mr. Mark J. Novitski, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Dec 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memo, AFPC/DPPPEP, dated 18 Jan 07.
Exhibit D. Letter, SAF/MRBR, dated 26 Jan 07.
Exhibit E. Letter, Applicant, undated, w/atchs.
B.J. WHITE-OLSON
Panel Chair
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