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 commanders 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 applicants 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 applicants 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/DPSIDs 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 applicants performance and
potential. Furthermore, in looking at the applicants 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
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