RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-04541 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: YES 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

The Air Force Form 910, Enlisted Performance Report (EPR), 
rendered for the period of 31 Mar 07 to 30 Mar 08, be declared 
void and removed from his records. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His EPR is unjust and should be removed from his official record 
because: 

 

1. He was given no midterm or daily feedback on his 
performance. 

 

2. He was working in a hostile environment for a commander who 
was trying to force him out of the Air Force without reason. 

 

3. Two statements on the EPR in question are false or 
misleading, and the EPR bullets are inconsistent with the 
rating. 

 

In support of his appeal, the applicant provides a personal 
statement, documents purporting to highlight the lack of 
feedback and hostile work environment, a memo addressing an 
Inspector General complaint he filed, and several of his EPRs. 

 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant currently serves in the Regular Air Force in the 
grade of technical sergeant. He has served since 31 Mar 06 with 
the U.S. Air Force Heritage of America Band at Langley AFB, VA. 

 

On 27 Mar 08, the applicant’s supervisor referred the contested 
EPR to him due to a rating of Does Not Meet Standards in Section 


II, Item 3, Fitness. The applicant subsequently submitted an 
undated rebuttal memo concerning the EPR to his Additional 
Rater. On 6 May 08, the Additional Rater, signed a Letter of 
Evaluation (Supplemental Sheet) stating he carefully considered 
the applicants comments to the referral EPR. 

 

The remaining relevant facts pertaining to this application are 
described in the letter prepared by the Air Force offices of 
primary responsibility (OPRs) which are attached at Exhibit C 
and Exhibit D. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSID recommends denial, indicating there is no evidence of 
an injustice. AFI 36-2401, Correcting Officer and Enlisted 
Evaluation Reports, 10 Mar 06, states that lack of counseling or 
feedback, by itself, is not sufficient to challenge the accuracy 
or justness of a report. A rater’s failure to conduct a 
required or requested feedback session, or document the session 
of a Performance Feedback Worksheet, will not, in itself, 
invalidate any subsequent performance report. At the time the 
applicant claims his commander was trying to force him out of 
the Air Force, the applicant had not even applied for 
reenlistment. In fact, his commander approved his reenlistment 
on 4 Nov 08. The applicant contends that the EPR in question 
contains statements that are false or misleading, and the EPR 
bullets are inconsistent with the rating. An evaluation report 
is considered to represent the rating chain’s best judgment at 
the time it was rendered. He has not substantiated the 
contested report was not rendered in good faith by all 
evaluators based on knowledge available at the time. 
Notwithstanding the above, the EPR in question does contain an 
inappropriate bullet in Section III, Block 2, Bullet 2, that 
should be removed from the EPR. Although the bullet in Section 
III may be inappropriate, the applicant has not proved that the 
EPR is unjust. 

 

A complete copy of the AFPC/DPSID evaluation, with attachments, 
is at Exhibit C. 

 

AFPC/DPSOE advises that the applicant tested for 09E7 master 
sergeant (MSgt) promotion cycle, however, the fact that he 
received a referral OPR for the period 31 Mar 07 to 30 Mar 08 
rendered him ineligible for promotion consideration. He was 
considered and nonselected for promotion to MSgt during cycle 
10E7. Based upon the ERAB-directed removal of the 30 Mar 09 
EPR, the applicant will be supplementally considered for 
promotion to MSgt for promotion cycle 10E7. 

 

A complete copy of the AFPC/DPSOE evaluation is at Exhibit D 

 

________________________________________________________________ 


 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant indicates that he was not prepared to take the 
fitness assessment in question. While he was exempt from 
fitness testing for a period of time, a medical review board 
returned him to duty status with restrictions, one of which was 
that he would take the bike test rather than the run test and be 
exempt from sit ups. He had no say in the process. He asked 
for leniency, but none was given. While he did fail his fitness 
test, he showed significant improvement when he took the test 
again, and ultimately passed the test the following year when 
his profile expired. In support of his response, the applicant 
provides a supporting statement from his Senior Enlisted Advisor 
at the time attesting to the hostile work environment, 
information pertaining to his physical fitness, and an excerpt 
from his service medical record. 

 

A complete copy of the applicant’s response is at Exhibit E. 

 

________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by 
existing law or regulations. 

 

2. The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file. 

 

3. Sufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice. The 
applicant contends his EPR for the period of 31 Mar 07 to 30 Mar 
08 should be removed from his official records. After a 
thorough review of the evidence of record and the applicant’s 
complete submission, we believe a preponderance of the evidence 
supports corrective action. In this respect, we note the 
inappropriate bullet in the EPR in question, the lack of 
feedback provided to the member, and give particular weight to 
the letter of testimony from the retired Chief Master Sergeant 
and the applicant’s Senior Enlisted Advisor at the time who 
strongly urges removal of the referral EPR. Therefore, we 
recommend his 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 issues 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 the APPLICANT be corrected to be corrected to 
show that the Enlisted Performance Report (AB thru TSgt), AF 
Form 910, rendered for the period 31 Mar 2007 through 30 Mar 
2008 be, and hereby is, declared void and removed from his 
records. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2010-04541 in Executive Session on XXX, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

 

All members voted to correct the records as recommended. The 
following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 16 Nov 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSID, dated 10 May 11. 

 Exhibit D. Letter, AFPC/DPSOE, dated 24 May 11. 

 Exhibit E. Letter, Applicant, undated. 

 

 

 

 

 

 Panel Chair