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AF | BCMR | CY2008 | BC-2007-03499
Original file (BC-2007-03499.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  BC-2007-03499
            INDEX CODE: 111.02
      XXXXXXX                    COUNSEL:  NONE
                                  HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Board substitute her Enlisted Performance Report (EPR)  for  the  period
of 16 December 2002 through 15 December 2003 with a replacement EPR for  the
same period.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her current EPR does not include a senior rater endorsement due  to  a  time
in grade (TIG)  miscalculation  when  the  original  EPR  was  prepared.   A
hastily  re-accomplished  EPR  was  signed  without  the  former  chain   of
command’s senior rater advocacy.  She along with her chain  of  command  had
departed permanent change  of  station.   Her  EPR  was  accomplished  under
pressure of meeting the senior master sergeant  promotion  board.   Had  the
new commander been advised of her duty performance,  he  would  have  sought
senior rater endorsement and additional EPR comments.  The existing  EPR  is
not fair because proper  senior  rater  endorsement  consideration  was  not
given resulting in  an  erroneous  EPR  closing-out  at  the  deputy  level,
instead of the senior rater level.

In support of her request, the applicant submits a copy of  her  Application
for Correction/Removal of Evaluation Reports package with  attachments,  the
original EPR and replacement EPR.

Her complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Data extracted from the Military Personnel  Data  System  (MilPDS)  reflects
the applicant contracted her initial enlistment in the Regular Air Force  on
12 August 1987.

The applicant received an EPR for the period of 16 December 2002 through  15
December 2003.  This report indicated she was not TIG eligible; however,  in
November 2004, the report was re-accomplished/corrected to show she was  TIG
eligible.  However a push for senior rater endorsement was not taken by  her
new leadership.

The applicant has been progressively promoted to  the  grade  of  SMSgt  and
assumed that grade effective and with a date of rank of 1 January 2007.

_________________________________________________________________

AIR FORCE EVALUATION:

APFC/DPSIDEP recommends denial.  AFPC/DPSIDEP states evaluation reports are
considered accurate as written unless substantial evidence to the  contrary
is provided.  As such, they receive exhaustive reviews prior to becoming  a
matter of record.  Any report can be rewritten to  be  harder  hitting,  to
provide embellishments, or enhance the ratee's promotion  potential.   But,
the time to do that is before the report becomes a matter of record, and in
this case it was re-accomplished when the error in the TIG eligibility  was
discovered.  This would have been the time  to  address  the  senior  rater
endorsement level.  DPSIDEP  finds  it  hard  to  believe  that  when  this
correction was made  that  the  senior  rater  endorsement  level  was  not
considered by anyone in the rating chain.  The  appeals  process  does  not
exist to recreate history or enhance chances  for  promotion.   It  appears
this is exactly what the applicant is attempting to do,  recreate  history.
As such, DPSIDEP is not convinced the contested  report  is  inaccurate  as
written, and does not support the request to replace it.

The complete DPSIDEP evaluation, with attachments, is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded stating she acted promptly, considering the lack  of
information from the 27 MSS and the fact that she  as  well  as  her  rating
chain had moved on.  Two colonels acknowledged  in  writing  they  were  not
provided the full details and had the information been provided, they  would
have sought senior rater endorsement.  It was  her  understanding  that  the
"certified true copy" containing the EPR TIG error was a matter  of  record.
Until the 7 November 2004 initial notification, she  was  unaware  that  she
personally needed to seek senior rater endorsement consideration.   She  did
her best to handle this situation as it was  presented.   She  disputes  the
comment of finding it hard  to  believe  consideration  was  not  made.   In
reality, there is pressure to meet deadlines, mistakes happen and are  made,
and she was "out-of-sight and out-of-mind."  She does not  own  the  process
of making her EPR a matter of record except for in this case for  which  she
is requesting a correction through replacement.  The facts are, she  was  no
longer in the original chain of command of the 86 AW.   When  notified,  she
was working under the 27 FW in 2004, which apparently retained no  ownership
in fixing this error except for  receiving  the  initial  notification  from
AFPC to get the 2003 EPR  reaccommplished.   For  the  record,  she  is  not
trying to recreate history.  Rather, she is attempting to  correct  her  EPR
for a period where it appears that "two wrongs were made."   She  has  taken
the advice of enlisted mentors to pursue this authorized correction  because
according to their professional opinion, every bit  counts  for  future  job
and promotion consideration.  Her command chief for the period  in  question
made comments in one of the emails provided that he  fully  supports  senior
rater endorsement and correction of this error and he would  have  supported
the senior rater endorsement if the EPR had  come  to  his  office,  but  it
never did.  She believes  the  suggested  replacement  EPR  to  be  fair  in
seeking correction.  She did not seek to embellish  her  accomplishments  or
to seek enhancing stratifications.  Her number one goal is  to  correct  the
record.  Obviously, she has been promoted since then; however, as  mentioned
earlier it all counts and she deserves the fair consideration  of  having  a
corrected EPR on record for future jobs and career positions.

Her 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.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of an error or injustice warranting corrective  action.   In  this
respect, it has been determined by Air Force personnel  officials  that  the
contested EPR was indeed prepared  in  error.   Thus,  her  previous  rating
chain  was  not  afforded  the  opportunity  to  push  for  a  senior  rater
endorsement when the report was originally  accomplished.   We  believe  the
applicant has  established  reasonable  doubt  as  to  whether  or  not  the
contested report is an accurate depiction of her rating  chain's  assessment
of her potential to serve in the next higher grade and  it  is  our  opinion
that the benefit of any doubt in this  matter  should  be  resolved  in  her
favor.  Accordingly, we believe the appropriate action to take in this  case
is to replace the contested report with the report provided.  Since  we  are
unable to  ascertain  whether  or  not  the  information  contained  in  the
corrected  report  is  significant  enough  to  warrant  her  selection  for
promotion during the 05E8 cycle, we believe  that  determination  should  be
placed  in  the  hands  of   duly   appointed   promotion   board   members.
Accordingly, it is our opinion that her corrected record  should  be  placed
before a  Supplemental  Promotion  Board  for  consideration  for  the  05E8
promotion cycle.  Therefore,  we  recommend  her  records  be  corrected  as
indicated below.

________________________________________________________________
RECOMMENDATION OF THE BOARD:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be be corrected to show that her AF Form 911,  Senior  Enlisted
Performance Report (EPR) rendered for the period 16  December  2002  through
15 December 2003, be declared  void  and  replaced  with  the  attached  EPR
reflecting senior rater endorsement.

It is further recommended that she be  provided  supplemental  consideration
for promotion to the grade of senior master  sergeant  (E-8)  for  promotion
cycle 05E8.

If AFPC discovers any adverse factors during or subsequent  to  supplemental
consideration that are separate and  apart,  and  unrelated  to  the  issues
involved in this  application,  that  would  have  rendered  the  individual
ineligible for the  promotion,  such  information  will  be  documented  and
presented to the  Board  for  a  final  determination  on  the  individual’s
qualification for the promotion.

If  supplemental  promotion  consideration  results  in  the  selection  for
promotion to the higher grade, immediately after such promotion the  records
shall be corrected to show that she was promoted to the higher grade on  the
date of rank established by the  supplemental  promotion  and  that  she  is
entitled to all pay, allowances, and benefits  of  such  grade  as  of  that
date.

________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 30 January 2008, under the provisions of AFI 36-2603:

      Mr.  Thomas S. Markiewicz, Chair
      Mr.  Mr Kurt R. LaFrance, Member
      Ms.  Lea Gallogly, Member

All members voted to correct the records,  as  recommended.   The  following
documentary  evidence  pertaining  to  Docket   Number   BC-2007-03499   was
considered:

    Exhibit A.  DD Form 149, dated 15 October 2007, w/atchs.
    Exhibit B.  Available Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPDIDEP, dated 19 November 2007.
    Exhibit D.  Letter, SAF/MRBR, dated 14 December 2007.
    Exhibit E.  Letter, Applicant, dated 9 January 2008, w/atchs.




                                                   THOMAS S. MARKIEWICZ
                                                   Chair




AFBCMR BC-2007-03499




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 XXXXXXX, XXXXXXX be corrected to show that:

            a.  Her AF Form 911, Senior Enlisted Performance Report (EPR),
rendered for the period 16 December 2002 through 15 December 2003, be, and
hereby is,  declared void and replaced with the attached EPR reflecting
senior rater endorsement.

            b.  The AF Form 911, Senior Enlisted Performance Report (EPR),
, rendered for the period 16 December 2002 through 15 December 2003, was
accepted for file in her Senior NCO selection folder on 30 January 2005.

       It  is  further  recommended  that  she  be   provided   supplemental
consideration for promotion to the grade of  senior  master  sergeant  (E-8)
for promotion cycle 05E8.

      If  AFPC  discovers  any  adverse  factors  during  or  subsequent  to
supplemental consideration that are separate and  apart,  and  unrelated  to
the issues involved in  this  application,  that  would  have  rendered  the
individual  ineligible  for  the  promotion,  such   information   will   be
documented and presented to the Board  for  a  final  determination  on  the
individual’s qualification for the promotion.

      If supplemental promotion consideration results in the  selection  for
promotion to the higher grade, immediately after such promotion the  records
shall be corrected to show that she was promoted to the higher grade on  the
date of rank established by the  supplemental  promotion  and  that  she  is
entitled to all pay, allowances, and benefits  of  such  grade  as  of  that
date.





  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency


Attachment:
EPR closing 15 December 2003

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