RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01984
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her Enlisted Performance Report (EPR) for the reporting period
ending 16 Nov 09 be removed from her records.
_________________________________________________________________
APPLICANT CONTENDS THAT:
1. The contested report reflects multiple untrue and inaccurate
statements (see her personal memorandum at Exhibit A). She had a
goal of becoming a Professional Military Education (PME)
Instructor for over 5 years and finally obtained an instructor
slot. While attending the Enlisted Professional Military
Education Instructor Course (EPMEIC) she requested a humanitarian
reassignment due to her husband not getting transferred with her
and she believed they would soon be facing a financial hardship.
At first it looked promising that her husband would transfer to
McGhee-Tyson, TN, where she would be assigned as an instructor.
Though, the closer she got to her departure, they realized his
transfer may not happen. As she prepared to depart for her
training and their house on the market for over 4 months, she
addressed her concern with her commander and first sergeant that
she was worried about facing a financial hardship. She continued
on her TDY to Gunter Annex for instructor training when she was
told by her husband that the state of Tennessee put a hiring
freeze on all GS positions. Thereafter, she met with the acting
first sergeant and dean of the school who told her she needed to
meet with the chief to find out if the chief would consider her
request for a humanitarian reassignment due to a financial
hardship. The chief asked her about her profile for her knee; the
chief told her that she could push the profile issue and have her
placed back in the 4N assignment pool. She did not wish to pursue
the profile because she still had a desire to become an
instructor. The chief also stated he did not need anything in
writing, that her verbal word was enough for him only to find out
the next day the dean drafted a Memorandum for Record (MFR)
stating she was being removed from the EPMEIC course because she
exhibited behaviors of self pity and was not consistent with
what is expected of a professional NCO and is deficient in her
military bearing and appearance. The chief also stated that she
had expressed that she no longer desires to be an NCO Academy
Instructor and that she lacked the personal excellence and
maturity necessary and required to fulfill duties and to maintain
the highest standards of integrity as an 8T000 NCO Academy
Instructor. This language is reflected in her EPR. She was then
given two choices; either file a humanitarian reassignment
package, or be put back into the 4N assignment pool. She
requested a humanitarian reassignment; however, her request was
disapproved.
2. She has never been counseled, either verbally or written, on
her military bearing and appearance. She never expressed that she
no longer desired to become an instructor. She believes she did
what it took in advance in order to not have to file bankruptcy
and end up in her commanders office explaining her situation.
3. She will continue to serve as the stellar NCO that she has
always been; the same NCO who earned firewall 5s; and the same
NCO who earns letters of recommendation and medals throughout her
career.
In support of her request, the applicant provides a copy of the
contested report, a copy of the referral documentation w/atchs, a
copy of the MFR, and copies of letters of recommendation.
Her complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in the
grade of technical sergeant (E-6), having been promoted to that
grade with an effective date and a date of rank of 1 Mar 07. The
following is a resume of his EPR ratings, commencing with the
report closing 16 Nov 09:
RATING PERIOD PROMOTION RECOMMENDATION
* 16 Nov 09 4
20 Apr 09 5
30 Apr 08 5
30 Apr 07 5
30 Apr 06 5
30 Apr 05 5
* Contested Report
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial. DPSID states the applicant did not
file an appeal through the Evaluation Reports Appeals Board
(ERAB); however, the ERAB reviewed the application and recommended
denial. DPSID notes the applicants assertions; however, she
fails to provide any information from the rating chain on the
contested report to support her claims. The applicant has not
substantiated the contested report was not rendered in good faith
by all evaluators based on knowledge available at the time. DPSID
acknowledges the applicants assertion regarding the lack of
feedback during the reporting period; nevertheless, according to
the governing instruction, because feedback may not have been
accomplished, it by itself is not sufficient to challenge the
accuracy or justness of a report. In this case, it appears the
feedback was not accomplished; therefore, DPSID does not recommend
voiding the EPR, but recommends changing the feedback date to
reflect N/A, with the following statement Feedback was not
accomplished due to administrative oversight.
The DPSID complete evaluation is at Exhibit C.
AFPC/DPSOE addresses supplemental promotion consideration. DPSOE
states that if the applicants request to remove her EPR from her
records is granted, she would become eligible for supplemental
consideration beginning with cycle 10E7. However, DPSOE notes
that if she meets supplemental consideration it would not serve a
useful purpose because her total score would not increase
sufficiently to meet the promotion cutoff score required for
selection. Her score for cycle 10E7 was 286.50 and the score
required for selection for promotion to master sergeant was
325.14. If her EPR is removed she will only gain 6 points, still
not enough for promotion.
The DPSOE complete evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 6 Aug 10 for review and comment within 30 days. As
of this date, this office has received no response.
_________________________________________________________________
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 injustice. After a thorough review of the
evidence presented, we believe the applicant has established
reasonable doubt as to whether or not the EPR in question is a
true and accurate portrayal of her performance and demonstrated
potential during the reporting period in question. We took note
of AFPC/DPSIDs recommendation regarding the feedback portion;
however, we do not believe this to be the appropriate remedy. In
view of the totality of the circumstances involved, it is
conceivable that the rating on the report in question was based on
possible miscommunication and not on the applicants performance
and potential. Furthermore, in looking at the applicants overall
record prior to the contested report, we have some doubt as to
whether the contested report is accurate as written.
Consequently, we elect to resolve any doubt in favor of the
applicant. In view of the foregoing, and in an effort to offset
any possibility of an injustice, we recommend the EPR be declared
void and removed from her records. Therefore, we recommend that
the records be corrected as indicated below.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel will
materially add to our understanding of the issue involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that:
a. The Enlisted Performance Report (AB thru TSgt), AF Form
910, rendered for the period 1 May 2009 through 16 November 2009
be declared void and removed from her records.
b. It is further directed that he be provided supplemental
consideration for promotion to the grade of master sergeant (E-7)
for all appropriate cycles beginning with cycle 98E7.
c. 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 individuals qualification for the
promotion.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number
BC-2010-01984 in Executive Session on 1 Feb 11, under the
provisions of AFI 36-2603:
, Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary evidence for was considered:
Exhibit A. DD Form 149, dated 14 May 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 5 Jul 10.
Exhibit D. Letter, AFPC/DPSOE, dated 15 Jul 10.
Exhibit E. Letter, SAF/MRBR, dated 6 Aug 10.
Chair
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