RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02256
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
THE APPLICANT REQUESTS THAT:
His Enlisted Performance Report (EPR) rendered for the period
11 January 2007 through 9 November 2007 be removed.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
His 9 November 2007 EPR is unjust because he was rated above
average and exceeded standards on his 9 August 2007 performance
feedback and received no derogatory feedback or documentation
prior to the closeout of the report.
The contested EPR closed out two months before the annual close-
out date without a change of rating official (CRO) notice being
generated. In addition, when his annual report came due, his
original supervisor was still listed on his annual EPR notice,
clearly indicating that a CRO did not occur. The annual report
should have been written since he did not officially have a
permanent change of assignment (PCA) until May 08 and there was
no CRO paperwork submitted by the recruiting squadron.
He believes he received the 3 rating on the contested report
because he was medically released from recruiting duty and was
not rated fairly in comparison to his peers.
In support of his appeal, the applicant provides a personal
statement; a copy of the contested report; copies of letters of
support; a copy of the letter from the Life Skills unit, and
other supporting documents.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Based on information from the Air Force evaluation, the
applicant filed an appeal through the ERAB; however, the ERAB
was not convinced the contested report was inaccurate or unjust.
The applicants EPR profile of the last ten reports follows:
PERIOD ENDING OVERALL RATING
31 May 01 5
31 May 02 5
10 Jan 03 5
10 Jan 04 5
10 Jan 05 5
09 Jan 06 5
09 Jan 07 5
#09 Nov 07 3
09 Nov 08 5
09 Nov 09 5
# Contested Report
The remaining relevant facts pertaining to this application,
extracted from the applicants military records, are contained
in the letters prepared by the appropriate offices of the Air
Force.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSID recommends denial. DPSID notes that a performance
feedback was accomplished on 9 Aug 07 between the rater and the
applicant. During the feedback the rater stated the applicants
performance was either above average or he clearly exceeded
expectations. However, the governing directives, state if after
a performance 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. We
contend in the absence of any other information, the rater was
documenting some areas which dropped in performance from when
the feedback was rendered.
Also, the applicants 9 Nov 07 report closed out two months
prior to the annual evaluation date of 9 Jan 08, making the
report a CRO. The applicants chain of command received a
letter from the medical group recommending the applicant be
removed from being a recruiter as soon as possible and placed
back into his previous job. On 7 Nov 07, the applicant was
detailed to the maintenance squadron, pending release from the
recruiting squadron. In accordance with (IAW) the governing
directive, commanders may deviate from the normal (supervisory)
rating chain only when necessary to meet grade requirements or
to accommodate unique organization structures and situations
where personnel are temporarily loaned or matrixed to other
activities outside the ratees assignment. It appears the
commander may have agreed to deviate from the rating chain while
the applicant was detailed to the maintenance squadron causing a
CRO to be accomplished. However, the request was never updated
in the Military Personnel Date System (MilPDS), causing an
invalid EPR notice to be produced and given to the new squadron.
In addition, the applicant contends that he was rated as a 3
due to him being medically released from his recruiting duties.
The governing directive indicates an evaluation report is
considered to represent the rating chains best judgment at the
time it is rendered. Once a report is accepted for file, only
strong evidence to the contrary warrants correction or removal
from an individuals record. The applicant has not
substantiated the contested report was not rendered in good
faith by all evaluators based on knowledge available at the
time.
The complete AFPC/DPSID evaluation is at Exhibit C.
AFPC/DPSOE recommends denial. The first time the contested
report was considered in the promotion process was cycle 08E7 to
master sergeant (MSgt). The applicants EPR score was 123.00,
his total score was 339.66, and the score required for selection
in his Air Force Specialty Code (AFSC) was 342.23 (-2.57
points). Should the applicants request be granted, providing
he is otherwise eligible, the applicant will be entitled to
supplemental promotion consideration for this cycle. His EPR
score would increase to 135.00 (+12.00 points) and he would
become a select. As a matter of information, the applicant was
selected for promotion to MSgt during cycle 09E7 and received a
date of rank (DOR) of 1 Sep 09.
The complete AFPC/DPSOE evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
The applicant requests the Board base their decision on the
inconsistencies of the rater and the recruiting squadron, not on
the promotion consideration. The reason for the absence of
information was that no information was ever conveyed. There
was no one on one feedback or written feedback to address the
drop in performance between the formal feedback and the EPR. He
believes the erroneous EPR was generated out of emotion, not
necessity. No attempt was made to CRO him to the maintenance
squadron. Also, the EPR was written using the old EPR form.
This form does not let the member view the EPR until it is
officially in his records. The new EPR form was used starting
1 Jan 08. He questions why the report did not close with the
original close-out date. He does not believe there was a reason
to deviate from the rating chain at that time and that the
squadron just did not want him to see the report before it
became a matter of record.
In addition, he states that a raters standards do not change
from ratee to ratee; it is his expectations that are different.
One of his peers had the same rater and rating chain. Both EPRs
are written by the same rater with the same standards and are
similar in content. The second bullet on each EPR states that
he performed at a higher level, yet he received a lower
performance report. However, based on performance and the same
standard, he should have received the higher rating.
The applicants complete response, with attachments, is at
Exhibit F.
________________________________________________________________
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, including his response
to the Air Force evaluations, in judging the merits of the case;
however, in our view, the Air Force offices of primary
responsibility have adequately addressed the issues presented by
the applicant and we are in agreement with their opinion and
recommendation. Therefore, we did not find the evidence
sufficient to conclude that the applicant was the victim of an
error or injustice. In view of the above and in the absence of
evidence to the contrary, we find no basis to recommend granting
the relief sought in this application.
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(s)
involved. Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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 Docket
Number BC-2010-02256 in Executive Session on 10 February 2011,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Jun 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 15 Sep 10.
Exhibit D. Letter, AFPC/DPSOE, dated 1 Oct 10.
Exhibit E. Letter, SAF/MRBR, dated 12 Nov 10.
Exhibit F. Letter, Applicant, dated 7 Dec 10, w/atchs.
Panel Chair
AF | BCMR | CY2012 | BC-2012-02734
The action was not a change of rater, but removal of rater and the feedback date as recorded was valid for use in the contested EPR. The ERAB administratively corrected the EPR by adding the rater was removed from the rating chain effective 18 November 2010. The applicant states the number of supervision days as reflected (365) is inaccurate as his new rater did not assume rating duties until 18 November 2010. He does not provide any supporting evidence to support that any unreliable...
AF | BCMR | CY2011 | BC-2011-02070
DPSID states the applicant did file an appeal through the Evaluation Report Appeals Board (ERAB) under the provisions of Air Force Instruction (AFI) 36-2401, Correcting Officer and Enlisted Evaluation Reports; however, the ERAB was not convinced the contested report was inaccurate or unjust. In the applicants case, the feedback date is clearly annotated on the form, and the applicant has not proved, through his submitted evidence that the feedback date as recorded did not in fact take...
AF | BCMR | CY2012 | BC-2012-00827
In support of his request, the applicant provides copies of his EPRs for periods ending 4 Apr 08 and 13 Jan 09, his appeal to the Evaluation Report Appeals Board (ERAB) and, a memorandum from his rater dated 6 May 08. Moreover, while Air Force policy requires formal feedback be documented, a direct correlation between information provided during the feedback session and the assessments on an evaluation report does not necessarily exist. The complete AFPC/DPSOE evaluation is at Exhibit...
AF | BCMR | CY2013 | BC-2013-00092
He was rated on personal bias and events that occurred outside the reporting period. The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force, which are attached at Exhibits C through E. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial of the applicants request to void and remove the contested EPR. Therefore, we find no basis to recommend...
AF | BCMR | CY2011 | BC-2011-04746
The first time the contested report was used in the promotion process was cycle 11E6. The complete AFPC/DPSID evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 23 Mar 2012, copies of the Air Force evaluations were forwarded to the applicant for review and comment within 30 days. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records...
AF | BCMR | CY2012 | BC-2012-00540
_________________________________________________________________ APPLICANT CONTENDS THAT: The referral report he received was unjustly rendered as a “3” in violation of numerous requirements of Air Force Instruction (AFI) 36-2406, Officer and Enlisted Evaluation Systems. The contested report should not have been a referral report. A complete copy of the AFPC/DPSIM evaluation is at Exhibit C. AFPC/DPSID recommends denial of the applicant’s request to remove the contested EPR from his...
AF | BCMR | CY2012 | BC-2012-02557
_________________________________________________________________ APPLICANT CONTENDS THAT: His rater did not provide him with a mid-term feedback and there is evidence to support that a personality conflict existed between him and his rater. He asked for feedback and notified his chain-of-command that he was not provided feedback. In the absence of any evidence of unfair treatment or injustice, DPSID finds that the ratings were given fairly and IAW all Air Force policies and procedures.
AF | BCMR | CY2010 | BC-2010-02279
In accordance with AFI-36-2406, Officer and Enlisted Evaluation Systems, Table 3.7, Note 6, the close-out date for EPRs is one year from the previous EPR close-out date or when 120 calendar days of supervision have passed. From the time the new rater was assigned until the EPR close-out on 2 Mar 10 there were 124 days of supervision, making the evaluation an accurate report in accordance with AFI 36-2406. We took notice of the applicant's complete submission in judging the merits of the...
AF | BCMR | CY2011 | BC-2011-01820
The applicant filed an appeal through the Evaluation Report Appeals Board (ERAB) under the provisions of AFI 36-2401, Correcting Officer and Enlisted Evaluation Reports, however, the ERAB was not convinced the contested report was inaccurate or unjust and disapproved the applicants request. The complete DPSOE evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were...
AF | BCMR | CY2010 | BC-2010-03556
His enlisted performance report (EPR) rendered for the period 16 May 08 through 15 May 09 be removed from his records. DPSID states the ERAB determined there was insufficient evidence to void the contested report; however, they were able to verify and administratively correct the number of days of supervision. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence...