RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00137
INDEX CODE: 111.05
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The AF IMT 910, Enlisted Performance Report (EPR), rendered for the period
of 5 Jun 05 to 4 Jun 06 be voided and removed from his records.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The contested EPR does not reflect an accurate rating of his performance.
He did not receive adequate performance feedback sessions from his
supervisor prior to his receipt of the contested report.
When he returned from a deployment in Iraq, he was assigned duties as
supervisor of 12 airmen and was consistently told by his supervisor that he
was doing a great job. He requested an initial feedback and was told he
would receive one at a later date. He was regularly assured he was doing a
great job.
He overheard a conversation between his supervisor and a new master
sergeant regarding his EPR ratings. When he questioned his supervisor
about his performance rating, he was told he would receive a five rating.
On 28 Mar 07, he received his first performance feedback. The session was
positive and he was instructed on what he needed to accomplish to receive a
five rating on his EPR. He completed all but one of the tasks within a
month and it was understood by his supervisor why the one was not
completed.
Two weeks before his EPR was to be finalized, he was informed he would
receive a rating of three. He was shocked and blind-sided by this
information. He was told that a three rating was a good report and would
not end his career.
He and other members of his flight began to experience problems with the
aforementioned master sergeant who was later removed from her supervisory
duties and subsequently removed from the flight. He has included character
witness statements to corroborate his contentions.
He did not deserve a three rating. In addition, he was promoted to
technical sergeant that year which proves his abilities to accurately
perform his duties. His goal is to be promoted to the grade of master
sergeant before he retires from service.
In support of the application, the applicant submits his contested EPR, his
performance feedback worksheet, and three witness statements.
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 assigned duties as the NCOIC,
Emergency Management Elements flight in the grade of technical sergeant,
effective and with a date of rank of 1 Aug 06.
The following is a resume of his performance reports commencing with the
report closing on 28 Aug 93:
Close Out Date Overall Rating
28 Aug 93 4
28 Aug 95 5
6 Mar 96 5
6 Mar 97 5
6 Mar 98 5
15 Nov 99 5
15 Nov 00 5
15 Nov 01 5
15 Nov 02 5
15 Nov 03 5
4 Jun 04 5
4 Jun 05 5
+ 4 Jun 06 3
4 Jan 07 4
5 Dec 07 5
+ Contested report.
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 Exhibits C.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSIDEP recommends denial. DPSIDEP states the applicant’s appeal
through the Evaluation Reports Appeals Board (ERAB) was denied.
A rater’s failure to conduct a required or requested feedback session or
document the session on a performance Feedback Worksheet, will not
invalidate any subsequent performance report. It is the ratee’s
responsibility to notify the rater and if necessary the rater’s rater when
a required or requested feedback is not performed.
Only members in the rating chain can confirm if counseling and/or feedback
was actually provided. A direct correlation between information provided
during feedback sessions and the assessment on evaluation reports does not
necessarily exist. For example, if after a positive feedback session an
evaluator discovers serious problems he or she must record the problems in
the evaluation report even when it disagrees with the previous feedback.
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 which directly resulted in
an unfair evaluation.
The applicant did not submit a statement from his rater and the performance
feedback he submitted coincides with the contested report.
The complete DPSIDEP 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 6 Mar
09 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. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. After reviewing all the evidence
provided, we are not persuaded the contested report is erroneous or unjust.
In the rating process, each evaluator is required to assess a ratee's
performance, honestly and to the best of their ability. His assertions are
duly noted; however, we are not convinced the report is an inaccurate
depiction of his performance and demonstrated potential during the
timeframe indicated. In addition, we note the feedback worksheet provided
by the applicant supports the rating he received. Thus, we agree with the
Air Force office of primary responsibility and adopt its rationale as the
primary basis for our conclusion the applicant has not been the victim of
an error or injustice. In the absence of persuasive evidence to the
contrary, we find no compelling basis to recommend granting the relief
sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of material 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 BC-2009-00137 in
Executive Session on 15 July 2009, under the provisions of AFI 36-2603:
Mr. Anthony P. Reardon, Panel Chair
Mr. Dick Anderegg, Member
Ms. Debra K. Walker, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Dec 08, w/atchs.
Exhibit B. Letter, HQ AFPC/DPSIDEP, dated 9 Feb 09.
Exhibit C. Letter, SAF/MRBR, dated 6 Mar 09.
ANTHONY P. REARDON
Panel Chair
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