RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-01709
INDEX CODE: 111.05
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY COMPLETION DATE: 3 NOVEMBER 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her Enlisted Performance Report (EPR) for the period of 25 Apr 05 to 24 Apr
06 be voided and removed from her records.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She returned to work after a deployment to find that she had been rated "4"
on her EPR. She approached her supervisor at the time to discuss the
report. He stated that he had written a strong firewall "5" report when he
was directed by the then Services Commander to downgrade the report. She
was told that the downgrade was based upon paperwork presented by a
previous supervisor. She asked why none of the specific instances had
supporting documentation. Her seven-page rebuttal was the only existing
documentation. Additionally, no one in her chain had considered her
rebuttal remarks.
She was the only NCO in her shop and supervisor of seven airmen. A single
parent of two children, one of whom was very sick during this time frame,
and the other was having behavioral problems. She was attending Life
Skills; however, her supervisors indicated they did not believe she should
be going to Life Skills even if she felt it was helping her.
In support of the application, the applicant submits copies of her
Application for Correction/Removal of Evaluation Reports (AF Fm 948), the
contested EPR, a Memo for Record, a Letter of Reprimand (LOR) and rebuttal,
her child's medical records, a List of her Life Skills appointments, a
Letter of Evaluation (LOE), and duty status reports.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Information extracted from the Military Personnel Data System (MilPDS)
indicates the applicant is currently serving on active duty in the grade of
technical sergeant, effective and with a date of rank of 1 Jul 03.
The remaining relevant facts pertaining to this application, extracted from
the applicant’s military records, are contained in the letter prepared by
the appropriate office of the Air Force at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPEP recommends denial. DPPPEP states the Evaluations Reports
Appeals Board (ERAB) reviewed and denied the applicant's request on 24 Apr
06. DPPPEP declares the Air Force requires endorsers, reviewers, first
sergeants (on enlisted), and commanders to review evaluation reports for
quality and to control inflationary tendencies. These officials must
reject poorly prepared reports and downgrade or reject inflated reports.
Evaluators who change their evaluations after talking with a superior have
not necessarily been coerced. Clear evidence must exist proving that the
superior violated the evaluator's rating rights. Supporting statements
must identify the person who did the coercing, list the specific threats
that were made, and identify any witnesses who can corroborate the
incident.
DPPPEP notes other than the number of day's supervision, no evidence was
found that the report is inaccurate or unjustly written. The number of
day's supervision is an administrative correction, and IAW AFI 36-2401,
para 1.3.1, the board will not consider nor approve requests to void a
report when the error or injustice can be corrected administratively.
DPPPEP notes the applicant's statement that she received a LOR and
experienced several personal issues, many of which took her away from the
job. DPPPEP opines this could have affected her duty performance in the
eyes of her evaluators; therefore, it is reasonable to assume that they
considered these situations when they prepared her report. DPPPEP explains
that any one of the incidents alone may not have amounted to much, but when
considered together, they may have felt that a less than "firewall five"
EPR was more appropriate at the time and under the circumstances. DPPPEP
concludes that other than being less than a "firewall five" report, there
is nothing negative, inaccurate or unjust about the report.
The complete DPPEP 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 27 Jul
07, for review and comment within 30 days. As of this date, this office
has received no response (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 error or injustice. While the applicant provided no
statements of support from her rating chain, we note that all reports prior
and subsequent to the contested report were rated "5." Our review of the
records provided do not reveal any evidence she was put on notice or
counseled regarding the deterioration of her performance. In particular,
in our review of the contested EPR itself we found no indication of where
the applicant’s performance had deteriorated. Although the ERAB determined
the only error in the contested EPR was an incorrect number of days of
supervision, based on our observations as expressed above, we have some
doubt regarding whether the EPR was appropriately rendered. While we
understand a performance rating is written for a specific period of time,
we believe the record should be clear when an individual’s performance
changes from what appears to have been a well established norm, overall
ratings of “5”. Based on our assessment of the totality of evidence in the
applicant’s case, we believe our doubt regarding the contested EPR should
be resolved in her favor. Therefore, we recommend her record 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 the Enlisted Performance Report, AF
IMT 910 (AB through TSgt), rendered for the period 25 Apr 2005 through 24
Apr 2006 be, and is hereby declared void and removed from her records.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 13 Sep 07, under the provisions of AFI 36-2603:
Ms. Patricia J. Zarodkiewicz, Vice Chair
Ms. Patricia R. Collins, Member
Mr. Mark J. Novitski, Member
The following documentary evidence was considered in AFBCMR BC-2007-01709:
Exhibit A. DD Form 149, dated 8 Jun 07, w/atch.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPEP dated 9 Jul 07.
Exhibit D. Letter, SAF/MRBR, dated 27 Jul 07.
PATRICIA J. ZARODKIEWICZ
Vice Chair
AFBCMR BC-2007-01709
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 APPLICANT, be corrected to show that the Enlisted Performance
Report, AF IMT 910 (AB through TSgt), rendered for the period 25 Apr 2005
through 24 Apr 2006 be, and hereby is, declared void and removed from her
records..
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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