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AF | BCMR | CY2009 | BC-2008-02015
Original file (BC-2008-02015.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:            DOCKET NUMBER:  BC-2008-02015
                       INDEX CODE:  112.00
                       COUNSEL:  NONE
                       HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Enlisted Performance Report (EPR) rendered for the period ending 31  Mar
08 be changed from a "3" to reflect an overall rating of “5.”

_________________________________________________________________

APPLICANT CONTENDS THAT:

The report in question was unjust because she was  never  provided  feedback
or counseling.  She received feedback one week prior to  close-out  and  the
performance  report  does  not  accurately  reflect  her  work   ethics   or
character.

In support of her application, she provided copies  of  documents  extracted
from her military personnel records.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on active duty in  the  grade  of  senior
airman.

She did not file an appeal through  the  Evaluation  Reports  Appeals  Board
(ERAB).  Her case was forwarded to the ERAB and the ERAB was  not  persuaded
her report was inaccurate or unjust.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDEP recommends denial.  DPSIDEP states Air  Force  policy  requires
an initial feedback within 60 days of starting  supervision  and  a  midterm
approximately at the halfway point between  the  initial  feedback  and  the
close-out date of the report.  Her rater  was  not  assigned  to  her  until
October 2007 and her initial feedback would  have  been  required  no  later
than December 2007, her midterm feedback would be due in February  2008  and
her EPR closed out on 31  Mar  08.   The  governing  Air  Force  instruction
states it  is  the  ratee's  responsibility  to  notify  the  rater  and  if
necessary, the rater's rater, when a required or requested feedback did  not
take place.  She requested feedback on 17  Mar  08  (two  weeks  before  the
close out date of her  EPR)  and  received  feedback  on  24  Mar  08.   The
instruction further states only members in the rating chain can  confirm  if
formal or informal counseling or feedback was actually provided verbally  or
in writing.

Air Force policy requires formal feedback to be documented on the Air  Force
Form 931, Performance Feedback Worksheet  (PFW)  and  a  direct  correlation
between  information  provided  during  the  feedback   session,   and   the
assessments on evaluation reports does not necessarily exist.   Furthermore,
formal feedback does not negate any day-to-day interaction that may  include
any type of informal feedback or counseling, whether verbal or  in  writing.


Additionally,  the  lack  of  counseling  or  feedback  is  not   sufficient
justification  to  challenge  the  accuracy  or  justness   of   a   report.
Evaluators must confirm they did not provide  counseling  or  feedback,  and
that this directly resulted in an unfair evaluation.  During  the  reporting
period in question she received  two  documented  formal  feedbacks  by  two
different  raters.   DPSIDEP  further  states  she  has  not  provided   any
statements from her evaluators and they cannot confirm whether or  not,  any
other form of feedback or counseling was provided.

DPSIDEP disagrees with the  applicant  regarding  her  contention  that  the
report in question does not reflect  her  work  ethics  or  character.   The
report says a lot about her  work  ethics  and  character.   It  shows  that
during the reporting period she was under close supervision and she  was  an
average airman meeting the minimum required standards.

The applicant believes she should have received an overall “5” rating.   The
ratings are at the discretion  of  the  evaluators.   It  appears  from  the
evidence provided that the report is right and on target.

AFPC/DPSIDEP’s complete 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 18  Jul
08, for review and response within 30 days.  As of this  date,  no  response
has been received by this office.

_________________________________________________________________

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 an error or an  injustice.   The  applicant's  contentions  are
duly noted; however, we do not find her assertions, in  and  by  themselves,
sufficiently persuasive to override the rationale provided by the Air  Force
office of primary responsibility.  Evidence has  not  been  presented  which
would lead us to believe that  the  contested  report  is  not  a  true  and
accurate assessment of her performance during  the  specified  time  period,
that the report was erroneously prepared, or that the  assigned  rating  was
in error or  contrary  to  the  provisions  of  the  governing  instruction.
Therefore we adopt the rationale  expressed  by  the  Air  Force  office  of
primary responsibility as basis for our conclusion that  she  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 in this application.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2008-
02015 in Executive Session on 24 Sep 08, under the  provisions  of  AFI  36-
2603:

                 Mr. Charlene M. Bradley, Panel Chair
                 Mr. Kurt R. LaFrance, Member
                 Ms. Debra K. Walker, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 7 May 08, w/atchs.
      Exhibit B. Available Military Personnel Records.
      Exhibit C. Letter, AFPC/DPSIDEP, dated 30 Jun 08.
      Exhibit D. Letter, SAF/MRBR, dated 18 Jul 08.

                       CHARLENE M. BRADLEY
                       Panel Chair

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