Search Decisions

Decision Text

AF | BCMR | CY2011 | BC-2011-00454
Original file (BC-2011-00454.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-00454 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her Enlisted Performance Report (EPR) with a closeout date of 
7 May 09 be removed from her records. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

The bullets written do not support the rating of a “3”. She has 
been a firewall “5” throughout her career prior to and after 
receiving this rating. She was rated unfairly against a person 
who did the same job, but received a “5” for his performance. 
She feels she was treated unfairly and discriminated against by 
her chain of command. Her deputy flight commander witnessed her 
being singled out and treated unfairly which she informed another 
officer that she witnessed the applicant being personally 
(verbally) attacked. The deputy flight commander filled out a 
climate assessment survey that stated what she saw “was a 
ridiculous amount of favoritism taking place,” but it was 
dismissed as not important. The officer did not care what 
happened to her. 

 

In support of her request, the applicant provides copies of her 
EPRs, copies of AF Form 77, Letter of Evaluation, e-mail 
communications, and copies of letters of support. 

 

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 staff sergeant (E-5). The following is a resume of 
her EPR ratings, commencing with the report closing 7 May 10: 

 

 RATING PERIOD PROMOTION RECOMMENDATION 

 

 7 May 10 5 

* 7 May 09 3 

 7 May 08 5 

 7 May 07 5 


 RATING PERIOD PROMOTION RECOMMENDATION 

 

 1 Apr 06 5 

 1 Apr 05 5 

 1 Apr 04 5 

 

* Contested Report 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSID recommends denial. DPSID states the applicant 
provides several supporting documents referencing incidents that 
took place during the inclusive period of this report. In two 
memorandums from the a flight commander, she states the applicant 
received a Letter of Admonishment (LOA) for deliberately skipping 
the chain of command by not waiting as instructed by her 
supervisor to begin physical training (PT). In the second 
memorandum, the flight commander had a different account of 
events; however, DPSID states that although the commander’s story 
may appear to change somewhat in the two-year interim between 
memorandums, the fact remains that the supervisor never stated 
“okay, sounds good” to the applicant, thereby excusing her of the 
incident. 

 

DPSID notes the applicant received a Letter of Counseling (LOC) 
for failing to alert her supervisor of an off-duty incident, 
which involved an airman under the applicant’s supervision who 
was arrested downtown. In another Memorandum for Record, the 
applicant received a Letter of Reprimand (LOR) for displaying 
negative conduct/behavior verbally towards her squadron 
leadership. 

 

Although the applicant may feel that her evaluators have over 
stressed an isolated incident or a short period of substandard 
performance or conduct, the evaluators are obliged to consider 
such incidents, their significance, and the frequency with which 
they occurred in assessing performance and potential. Only 
evaluators know how much an incident influenced the report; 
therefore, the opinions of individuals outside the rating chain 
are not relevant. 

 

With regard to the applicant’s claim that she was treated 
unfairly and discriminated against by her chain of command, she 
has not provided an Inspector General (IG) Finding, Military 
Equal Opportunity (MEO) complaint or Commander Directed 
Investigation (CDI) to substantiate her claims. The governing 
instructions state “Air Force members must report any form of 
discrimination or unfair treatment to their supervisors or 
commander. If you file a complaint ….” In this case, the 
applicant has failed to show any verified discrimination or 
unfair treatment. 

 


The DPSID complete 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 29 Jul 11 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/DPSID’s recommendation; however, in view of 
the totality of the circumstances involved and, in particular, 
the statements of support provided, it is conceivable that the 
rating on the report in question was based on possible 
personality conflict and not on the applicant’s performance and 
potential. Furthermore, in looking at the applicant’s overall 
record prior to and after 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. 

 

______________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air Force 
relating to APPLICANT be corrected to show that the AF Form 910, 
Enlisted Performance Report (AB thru TSgt), rendered for the 
period 8 May 2008 through 7 May 2009 be declared void and removed 
from her records. 

 

______________________________________________________________ 

 

 


The following members of the Board considered AFBCMR Docket 
Number BC-2011-00454 in Executive Session on 20 Sep 11, 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 10 Jan 11, w/atchs. 

 Exhibit B. Letter, AFPC/DPSID, dated 22 Jul 11. 

 Exhibit C. Letter, SAF/MRBR, dated 29 Jul 11. 

 

 

 

 

 

 Panel Chair 



Similar Decisions

  • AF | BCMR | CY2012 | BC-2012-03800

    Original file (BC-2012-03800.txt) Auto-classification: Denied

    The applicant failed to provide any information or support from the rating chain of record on the contested report. The complete DPSID evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 3 May 2013 for review and comment within 30 days (Exhibit D). Additionally, we note AFPC/DPSIM’s recommendation to remove the 6 May 2011 Letter...

  • AF | BCMR | CY2012 | BC-2011-04279

    Original file (BC-2011-04279.pdf) Auto-classification: Denied

    DPSID states the applicant did not file an appeal through the Evaluation Reports Appeal Board’s (ERAB) under the provisions of AFI 36-240l, Correcting Officer and Enlisted Evaluation Reports. DPSID states, that in the absence of any evidence to the contrary, the rater did follow all applicable policies and procedures in the preparation and completion of the contested evaluation. It appears the report was accomplished in direct accordance with applicable Air 4 Force instructions.

  • AF | BCMR | CY2013 | BC 2013 02896

    Original file (BC 2013 02896.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02896 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: Her Enlisted Performance Reports (EPR), rendered for the periods 2 Aug 90 through 31 Mar 90 and 1 Apr 90 through 31 Mar 91, be reevaluated and she receive promotion consideration to grade of staff sergeant (E-5). The applicant received an overall...

  • AF | BCMR | CY2013 | BC-2012-05944

    Original file (BC-2012-05944.txt) Auto-classification: Denied

    Furthermore, although the applicant states feedback was not accomplished, the applicant signed the initial EPR acknowledging feedback was completed during the reporting period. The initial EPR is not the document which is a matter of record and should not be considered in this situation. As for her rebuttal argument that the EPR was not signed by the appropriate additional rater, again, other than her own assertions, she has provided no evidence in support of this argument either.

  • AF | BCMR | CY2012 | BC 2012 05944

    Original file (BC 2012 05944.txt) Auto-classification: Denied

    Furthermore, although the applicant states feedback was not accomplished, the applicant signed the initial EPR acknowledging feedback was completed during the reporting period. The initial EPR is not the document which is a matter of record and should not be considered in this situation. As for her rebuttal argument that the EPR was not signed by the appropriate additional rater, again, other than her own assertions, she has provided no evidence in support of this argument either.

  • AF | BCMR | CY2013 | BC 2013 05449

    Original file (BC 2013 05449.txt) Auto-classification: Denied

    Her Enlisted Performance Report (EPR) for the period ending 21 Mar 12 be removed from her record. Her EPR for the period ending 2 Feb 13 be removed from her record. APPLICANT CONTENDS THAT: The EPR for the period ending 21 Mar 12 includes a negative comment stating she received a Letter of Reprimand (LOR); however this LOR is not in her Personal Information File (PIF) nor is there any evidence of it in her records.

  • AF | BCMR | CY2012 | BC-2012-01138

    Original file (BC-2012-01138.pdf) Auto-classification: Denied

    The Article 15 punishment imposed on her on 27 Apr 09 be removed from her records. The witness statements that formed the basis of the nonjudicial punishment (NJP) action were dated 7 to 14 days after the alleged false official statements were made. The complete DPSOE evaluation is at Exhibit E. _________________________________________________________________ 3 APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 11 Sep 12, copies of the Air Force evaluations were forwarded to the applicant for...

  • AF | BCMR | CY2005 | BC-2005-00603

    Original file (BC-2005-00603.doc) Auto-classification: Approved

    The rater of the contested EPR was a colonel assigned to the HQ USAF/SGT as the IHS Program Manager. A complete copy of the evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant advises she filed MEO and IG complaints but her complaints were dismissed. MARTHA J. EVANS Panel Chair AFBCMR BC-2005-00603 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the...

  • AF | BCMR | CY2013 | BC-2012-02987

    Original file (BC-2012-02987.txt) Auto-classification: Denied

    On 13 Jul 11, the DoD/IG office completed their review of the applicant’s reprisal case and determined that there was no evidence of reprisal/abuse of authority. On 19 Jan 12, the DoD/IG completed their review of the applicant’s complaint dated 4 Jul 11, and determined that there was no evidence of reprisal by her former commander. DPSID states that Air Force policy is that an evaluation report is accurate as written when it becomes a matter of record.

  • AF | BCMR | CY2010 | BC-2010-04557

    Original file (BC-2010-04557.txt) Auto-classification: Approved

    The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial of the applicant’s request to void the contested report. The complete AFPC/DPSID evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR...