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AF | BCMR | CY2010 | BC-2009-02670
Original file (BC-2009-02670.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-02670
            INDEX CODE:  111.05
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her AF IMT 910, Enlisted Performance Report (EPR) (AB thru  TSGT),  rendered
for the period of 1 Apr 05 thru 31 Mar 06 be declared void and removed  from
her records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She arrived on station in May 05 and never received her initial or  mid-term
feedback sessions.  Her rater documented that feedback was  provided  on  27
Jun 05; however, this is not true.

She should have received  a  performance  feedback  session  30  days  after
supervision began and again halfway between the time supervision  began  and
on the projected  performance  report  close-out  date.   She  has  suffered
personally  and  professionally  because  the  report  was  not   adequately
documented.

In support  of  the  application,  the  applicant  submits  a  copy  of  the
contested report.

The applicant's complete submission, with attachment, 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  Assistant
Noncommissioned Officer in Charge of Military Justice in the grade of  staff
sergeant having assumed that grade effective and with a data of  rank  of  1
Jun 03.

The following is a resume of the applicant’s  Enlisted  Performance  Reports
(EPRs):

Close-out Date   Overall Rating

       8 May 00        5
      31 Dec 00        5
      31 Dec 01        5
      31 Mar 03        5
      31 Mar 04        5
      31 Mar 05        5
+     31 Mar 06        4
      31 Mar 07        5
      31 Mar 08        5
      18 Jan 09        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 Exhibit B.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSIDEP recommends denial.  DPSIDEP notes  the  applicant’s  request
was reviewed and denied by the Evaluation Reports Appeal Board (ERAB).

DPSIDEP states verbal and/or written counseling can  only  be  confirmed  by
the member’s rating chain.  While  Air  Force  policy  requires  performance
feedback  for  personnel,  a  direct  correlation  between  the  information
provided during  a  feedback  session,  and  the  assessment  on  evaluation
reports does not necessarily exist.  There may be  occasions  when  feedback
was not provided during a reporting period; however, the lack of  counseling
or feedback, by  itself,  is  not  a  sufficient  reason  to  challenge  the
accuracy or justness of a report.

DPSIDEP states evaluators must confirm they did not  provide  counseling  or
feedback and that it directly resulted in  an  unfair  evaluation.   DPSIDEP
notes the applicant did not provide any statements from  her  evaluators  to
substantiate evidence that the feedback did not take place.

DPSIDEP opines the ratee is responsible  for  notifying  the  rater  and  if
necessary the rater’s rater when a required or requested feedback  does  not
take place.  DPSIDEP notes  the  applicant  does  not  state  she  made  any
attempts to ensure she received her required feedbacks.

The complete DPSIDEP evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 13  Nov
09, for review and comment within 30 days.  As of  this  date,  this  office
has received no response (Exhibit C).

_________________________________________________________________

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.   We  took  notice  of  the  applicant’s
complete submission in judging the merits of the  case;  however,  we  agree
with the opinion and recommendation of  the  Air  Force  office  of  primary
responsibility and adopt its rationale as the basis for our  conclusion  the
applicant has not been the victim of an error or injustice.   Therefore,  in
the absence of evidence to the contrary, we  found  no  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 this application in  Executive
Session on 6 May 10, under the provisions of AFI 36-2603:

      Panel Chair
      Member
      Member

The following documentary evidence was considered in AFBCMR BC-2009-02670:

    Exhibit A.  DD Form 149, dated 15 Jul 09, w/atch.
    Exhibit B.  Letter, HQ AFPC/DPSIDEP, dated 20 Oct 09.
    Exhibit C.  Letter, SAF/MRBR, dated 13 Nov 09.




                                   Panel Chair

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