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AF | BCMR | CY2007 | BC-2007-00685
Original file (BC-2007-00685.DOC) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-00685
            INDEX CODE:  111.02

            COUNSEL:  NONE
            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  5 SEPTEMBER 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His enlisted performance report (EPR) for the period 14 May 05 to 28 Feb  06
be corrected to reflect a close out date of 3 Oct 05.

_________________________________________________________________

APPLICANT CONTENDS THAT:

On 3 Oct 05, he was moved from 60 MDSS to 60 MSGS.  Neither  his  supervisor
while assigned to 60 MDSS nor his  supervisor  while  assigned  to  60  MSGS
submitted a permanent change of assignment (PCA) request  until  2  Mar  06,
approximately  6  months  after  the  fact.   The  PCA  should   have   been
accomplished shortly after 3 Oct 05  and  a  change  of  reporting  official
(CRO) EPR should have been written at that time.

He is not contesting the content or rating of the EPR, but  would  like  for
his EPR to accurately reflect his  duty  assignments  and  performance.   He
would like for his EPR to reflect the date his assignment actually changed.

In support of his request, applicant provided  a  clarification  memorandum,
copy of his EPR, a statement from his NCOIC,  60  MSGS,  a  change  of  duty
worksheet, job qualification worksheets, and his On-the-Job Training  record
when he joined the Surgical Flight.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air  Force  in  the  grade
staff sergeant (SSgt) and is currently assigned to Nellis AFB.

On 28 Feb 06, the applicant received notification of a referral EPR for  the
period 14 May 05 through 28 Feb 06.  The applicant acknowledged receipt  and
submitted a written rebuttal on 6 Mar 06.

Applicant’s EPR profile follows:


   PERIOD ENDING OVERALL PROMOTION EVALUATION

   *28 Feb 06                       4
    13 May 05                       5
    13 Jun 04                       5
    13 Jun 03                       5
    13 Jun 02                       5
    13 Jun 01                       5
    13 Jun 00                       4

   * Contested Report

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

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPEP recommends denial of the  applicant’s  request  to  correct  the
period of report on the 28 Feb 06 EPR.   As stated in AFI 36-2401,  A1.5.17,
“The Air Force does not require the designated rater to  be  your  immediate
supervisor.  Inaccurate designations  and  failures  to  change  raters  can
occur when personnel are reassigned, work  centers  reorganized,  functional
areas or units realigned, etc.   To  prove  his  case,  the  applicant  must
provide statements from both the individuals who signed the report and  from
the individuals who believe they  should  have  written  the  report.   They
should cite the from and thru dates of their supervision  and  explain  what
happened.  The “erroneous” evaluator must clearly  explain  why  he  or  she
wrote and signed the report when they were  not  the  rater.   Likewise  the
“correct” evaluator must explain why he or she  did  not  write  the  report
even  though  they  were  supposed  to.”   The  member  failed  to   provide
sufficient documentation from all evaluators, both  correct  and  erroneous,
substantiating his claim.

Additionally,  based  on  documentation  submitted  a  CRO  report  was  not
required for the period 14 May 05 – 03 Oct 05.  It could be  argued  30  Jan
06 should be the closeout date of the contested report since  the  applicant
has failed to provide substantial evidence to prove the  CRO  was  effective
30 Jan 06.  Without official substantiate evidence from the  evaluators  who
endorsed the report, they can  only  conclude  the  report  is  accurate  as
written.
While Air Force policy does charge a rater  to  get  meaningful  information
from the ratee and as many sources as possible, it is the  rater’s  ultimate
responsibility to determine which accomplishments are included  on  the  EPR
and whether or not it is necessary for  him  or  her  to  gather  additional
information from other sources in order to render an accurate assessment  of
the individual.

The DPPPEP complete evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant submitted a statement from his rater during the period of the  EPR
he would like changed.  He agrees that trainers are not required  to  be  in
the trainee’s rating chain; nevertheless, the point he is trying to  display
is his presence and membership of the 60 MSGS during the rating period.   He
is not seeking a change on the assessment  of  his  performance  during  the
rating period of the EPR; he is only  requesting  a  change  of  the  rating
period.

Applicant’s complete submission is at 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.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of an  error  or  injustice  warranting  corrective  action.   The
applicant requests that the  period  of  report  on  his  28  February  2006
Enlisted Performance Report (EPR) be changed to reflect the  date  that  his
assignment  actually  changed.    After   careful   consideration   of   the
applicant’s  complete  submission,  including  the   supporting   statements
provided by the members of his rating chain  stating  that  the  member  was
reassigned in October 2005, and that a change of  reporting  official  (CRO)
was not  accomplished,  we  believe  it  would  be  appropriate  for  us  to
recommend granting the requested relief.   Accordingly,  we  recommend  that
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 APPLICANT, be corrected to show that:

        a.  The Enlisted Performance Report (EPR), AF IMT 910, rendered for
the period 14 May 2005 through 28 February 2006, be  amended  in  Block  7,
“Period of Report,” to reflect 14 May 2005 through 3 October 2005 and Block
8, “No. Days Supervision,” be adjusted as required.

        b.  The period of supervision on any performance  reports  rendered
subsequent to the above EPR be adjusted as required.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2007-
00685 in Executive Session on 15 May 2007, under the provisions of  AFI  36-
2603:

      Mr. Michael V. Barbino, Panel Chair
      Mr. Don H. Kendrick, Member
      Mr. John B. Hennessey, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence pertaining to  Docket  Number        BC-2007-00685  was
considered:

     Exhibit A.  DD Form 149, dated 25 Feb 07, w/atchs.
     Exhibit B.  Letter, AFPC/DPPPEP, dated 2 Apr 07.
     Exhibit C.  Letter, SAF/MRBR, dated 6 Apr 07.
     Exhibit D.  Letter, Applicant, dated 11 May 07, w/atch.




                                   MICHEAL V. BARBINO
                                   Panel Chair

AFBCMR BC-2007-00685



MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department  of  the  Air  Force
relating to [APPLICANT], be corrected to show that:

            a.  The Enlisted Performance Report (EPR), AF IMT 910, rendered
for the period     14 May 2005 through 28  February  2006,  be  amended  in
Block 7, “Period of Report,”  to  reflect         14  May  2005  through  3
October 2005 and Block 8, “No. Days Supervision,” be adjusted as required.

            b.  The  period  of  supervision  on  any  performance  reports
rendered subsequent to the above EPR be adjusted as required.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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