RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBERS: BC-2010-02992
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Enlisted Performance Report (EPR), rendered for the period
3 April 2009 through 2 April 2010, be voided and removed from his
records, and, he be allowed to cross-train into a different Air
Force Specialty Code (AFSC) and continue to serve in the Regular
Air Force or Air Force Reserve.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His referral EPR should be voided due to mishandling, errors, and
procedures not properly followed leading up to his referral EPR.
The referral EPR forced his retirement; costing him possible
promotion, the possibility of reclassification, and other
effects. There were discrepancies in the system beyond his
control which caused his Career Development Course (CDC) books
not to be issued until a year after he began retraining. He
completed the training portion; however, he had to wait 18 months
for a security clearance which delayed his training for another
18 months. In addition, he only received one feedback session
while at his duty station at Davis-Monthan Air Force Base. He
also had motion sickness while flying and severe allergies ever
since arriving in Arizona.
In support of his appeal, the applicant provides a personal
statement; a copy of his referral EPR; copies of his Air Force
Forms 8, Certificate of Aircrew Qualification, with continuation
sheets; a Commanders Conditional Release; an electronic
communication; an Education/Training Report; and a memorandum for
record.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force who
retired effective 1 February 2011 in the grade of technical
sergeant (E-6).
The following is a resume of the applicants EPR profile:
PERIOD ENDING PROMOTION RECOMMENDATION
24 Jun 96 (SrA) 3
1 May 97 4
1 May 98 4
1 May 99 4
1 May 00 (SSgt) 5
16 Feb 01 5
16 Feb 02 4
16 Jun 02 4
16 Jun 03 (Referral) 3
16 Jun 04 3
14 Jan 05 4
14 Jan 06 (TSgt) 5
13 Jul 06 5
2 Apr 09 Education/Training Report
2 Apr 10 (Referral)* 3
* Contested report
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial. DPSID states there is no evidence
to indicate the contested EPR is unjust or inaccurate. The
applicant cross-trained into a new career field and during this
process there appeared to be some discrepancies and a setback
during the retraining process. Although the applicant finished
the academic portion first, his process was delayed for 18 months
waiting on his security clearance. This caused him to restart
his training and to wait another year before his CDCs were
issued. The applicant believes that since these errors fell
during the testing cycle, it affected his scores during promotion
testing.
DPSID states the applicant first contends the comment in the
contested EPR in Section III, Block 1: Sent home from AOR early
due to unsafe performance of primary duty -- left vital
deployment manning position, was made because the rater believed
the applicant to be unsafe in the performance of his primary
duties. This incident caused the applicant to be disqualified
from his career field, but there were other incidents where he
failed to comply with the requirements of his duties. The second
contested comment in Section III, Block 2: Displayed disgruntled
attitude when tasked to perform duties over a weekend - argued
w/ldrship prior to task. The applicant contends he was never
told of this perception of the incident in question. He does
admit that he questioned why he was tasked for both days as the
supervising Non-Commissioned Officer (NCO) of Extra Duty Flight,
when he was under the impression that it was split between two
NCOs. The applicant believes his third contested comment in
Section III, Block 4: Failed to maintain aircrew qualification;
received second Q3 within one year timeframe removed from
training, does not fully address the events that led to the
disqualification and discounts anything else he did in his job.
DPSID indicates the applicant failed to provide supporting
documentation to prove his accusations. 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 a members record. The applicant has not substantiated the
contested report was not rendered in good faith by all evaluators
based on the knowledge of his performance at the time.
The applicant also contends he only received one feedback which
was conducted approximately back in April 2009; however, the EPR
has a date of 30 December 2009. He believes if he had been made
aware of these weaknesses, he could have worked with his
supervisor to devise an aggressive training plan to address and
overcome any deficiencies that were identified in his performance
reports. However, the lack of feedback or counseling, by itself,
is not sufficient justification to challenge the accuracy or
justness of a report. Evaluators must confirm that they did not
provide counseling or feedback, and that it directly resulted in
a fair evaluation.
The complete DPSID evaluation is at Exhibit C.
AFPC/DPSOE recommends denial. DPSOE states the fact the
applicant received a referral report for the period 3 April 2009
through 2 April 2010, rendered him ineligible for promotion
consideration in accordance with Air Force Instruction 36-2502,
Table 1.1, Rule 22. Should the Board decide to remove the
contested report, the applicant would be entitled to supplemental
promotion consideration beginning with cycle 10E7.
The complete DPSOE evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant
on 12 November 2010, 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. 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 offices of primary responsibility and adopt
their rationale as the basis for our conclusion that the
applicant has not been the victim of an error or injustice.
Therefore, in the absence of evidence to the contrary, we find 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 AFBCMR Docket
Number BC-2010-02992 in Executive Session on 28 April 2011, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2010-02992:
Exhibit A. DD Form 149, dated 6 Aug 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 4 Oct 10.
Exhibit D. Letter, AFPC/DPSOE, dated 19 Oct 10.
Exhibit E. Letter, SAF/MRBR, dated 12 Nov 10.
Panel Chair
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