RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00541
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His AF IMT 911, Senior Enlisted Performance Report (EPR),
rendered for the period 14 Aug 05 through 13 Aug 06, be removed
from his records.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The report was both unfair and unjust. There is evidence to
support his application under AFI 36-2401, Correcting Officer and
Enlisted Evaluation Reports, paragraph A1.5.5., Personality
Conflict; and paragraph A1.5.8., Lack of Counseling or Feedback.
In support of his request, the applicant provides a copy of the
Evaluation Reports and Appeals Board (ERAB) denial email, and his
AF IMT 948, Application for Correction/Removal of Evaluation
Reports, with a Memorandum dated 23 Dec 08, with 15 attachments.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on active duty in the grade of
master sergeant (E-7) with a date of rank of 1 Jun 06. He has a
total active federal military service date of 23 Apr 91.
Applicants performance profile follows:
PERIOD ENDING OVERALL RATING
22 Dec 98 5
22 Dec 99 5
22 Dec 00 5
22 Dec 01 5
22 Dec 02 5
22 Dec 03 5
13 Aug 04 5
13 Aug 05 5
* 13 Aug 06 4
13 Aug 07 5
29 Apr 08 5
* Contested Report
The applicant submitted an appeal to the Evaluation Reports and
Appeals Board (ERAB) requesting the report be removed from his
records; however, the ERAB was not convinced the contested report
was inaccurate or unjust and denied his request.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSIDEP recommends denial. DPSIDEP states the evidence
the applicant provided does not support his claim. With the
exception of the contested report, Attachments 1 through 7
contain documents prepared in 2008 by the applicant appealing his
2006 EPR to his evaluators. Attachment 2 is from the applicants
rater stating she declines to support his request; that the
report is accurate and just and she stands by her original
assessment. Attachments 8 through 13 are all character
statements from coworkers and peers; none of which were in the
applicants rating chain. Attachments 14 through 15 included an
email where the applicant is requesting feedback, and the
feedback itself. However, this took place in Jan 07; therefore,
it has no bearing on the 2006 EPR, since it was outside the
report period.
Disagreements in the work place are not unusual and, in
themselves, do not substantiate an evaluator cannot be objective.
DPSIDEP opines that subordinates are required to abide by their
superiors decisions. If there was a personality conflict
between the applicant and the rater which was of such magnitude
the rater could not be objective, the additional rater, or even
the first sergeant and commander would have been aware of the
situation and would have made any necessary adjustments to the
applicants EPR; or at least supported the applicants appeal
request. However, the applicant did not provide any statements
from other applicable evaluators. Although the applicant
provided several statements from coworkers and peers, none of the
statements substantiate there was a strain in the relationship
between the applicant and the rater to the point an objective
evaluation was impossible. None of the testimonials the
applicant submitted state the evaluators could not be objective
in their assessment of his duty performance. Nor are the
statements convincing of their ability to more accurately assess
the applicants performance considering they were not the
individuals charged with performing this responsibility.
Only members in the rating chain can confirm if counseling was
provided. While current Air Force policy requires performance
feedback for personnel, a direct correlation between information
provided during feedback sessions and the assessments on
evaluation reports does not necessarily exist, e.g. 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. There
may be occasions when feedback was not provided during a
reporting period. Lack of counseling or feedback, by itself, is
not sufficient 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;
and even then HQ AFPC/DPSIDEP would only remove the feedback date
and add the statement Feedback not accomplished IAW AFI
36-2406. The rater does not state that she never performed
feedback; only that she no longer has a copy. This does not
substantiate his claim as the rater is not obligated, once a
ratee departs, to retain the feedback form itself.
The complete DPSIDEP evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reiterates his contentions. He states in most
cases, the additional rater is not in a position to observe the
ratees daily performance. They generally depend on the
supervisor to provide an objective report. At the time the EPR
was written, their Chief position was vacant; therefore, Mr. P.
was the Acting Chief for the report. His nature, like many
others in this type of position, is to sign the report and trust
the supervisor. The commander and first sergeant are even less
able to observe the situation. In this case, his office was not
even on base with the commander and first sergeant. The letter
he submitted from SMSgt S. states that she felt his raters
opinion of him was affected by her close relationship with
another co-worker. He and his co-worker did not get along at all
and she was very close friends with his rater. There was
definitely a perception that their friendship bordered on
unprofessional and that his rater did not like him. Although
SMSgt S. was not there during the rating period, she was in his
rating chain afterwards, and the same things were going on after
she arrived, which she stated in her letter.
The advisory writer contends the evaluator must confirm he or she
did not provide counseling or feedback, and that this directly
resulted in an unfair evaluation. This is not realistic. He
does not know anyone who would admit to falsifying an official
document after the fact.
On the EPR used at the time, there was no block for ratees
concurrence that the feedback actually occurred. The new form
has a block for this, which prevents this type of thing from
happening. His rater input a date of feedback on the EPR;
however, there is no evidence the feedback occurred. Although
the rater is not required to keep a copy of the actual feedback,
the feedback notices should have been filed in his Personal
Information File (PIF) until his Permanent Change of Station
(PCS), separation, or retirement.
Feedback sessions are required for a reason. One reason is to
let the ratee know what is expected of him or her. If there is
not a direct correlation between information provided during
feedback sessions, then feedback would be pointless.
His supervisor asserted she provided him all the necessary
feedbacks; however, she has no evidence to back up her claim. It
seems, if the rating was fair and just, she would have little
concern or problem defending her actions and decisions. Instead
she simply summarily dismisses his dispute, his allegations, and
has outright ignored his requests.
The applicants response 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
favorable action on the applicants request. After a thorough
review of the evidence of record, a majority of the Board
believes reasonable doubt exists concerning the accuracy and
fairness of the contested report and this doubt should be
resolved in favor of the applicant. The Board majority is
persuaded by the evidence provided that there may have been a
personality conflict between the applicant and his rater which
was of such magnitude the rater was unable to objectively assess
the applicants performance. Therefore, in view of the foregoing
and in an effort to resolve any potential injustice to the
applicant, the Board majority recommends the records be corrected
to the extent indicated below.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that the AF IMT Form
911, Senior Enlisted Performance Report (MSgt thru CMSgt),
rendered for the period 14 August 2005 through 13 August 2006 be
declared void and removed from his records.
_______________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2009-00541 in Executive Session on 9 Jun 09, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
By a majority vote, the Board recommended approval of the
application. Ms. Holloman voted to deny the applicants request
and elected not to submit a minority report. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Feb 09, w/atchs.
Exhibit B. Letter, AFPC/DPSIDEP, dated 26 Mar 09.
Exhibit C. Letter, SAF/MRBR, dated 24 Apr 09.
Panel Chair
AFBCMR BC-2009-00541
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 the AF IMT Form 911, Senior Enlisted Performance Report (MSgt thru
CMSgt), rendered for the period 14 August 2005 through 13 August 2006 be, and hereby is, declared
void and removed from his records.
Director
Air Force Review Boards Agency
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