RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01820
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His AF Form 911, Enlisted Performance Report (EPR) (MSgt
thru CMSgt), rendered for the period 21 Jun 08 through
20 Jun 09 be declared void and removed from his records.
2. He be given supplemental promotion consideration for all
affected chief master sergeant (CMSgt) promotion cycles.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The EPR was unjust and does not accurately assess his
performance during the reporting period and the mandatory mid-
term feedback was not accomplished in accordance with AFI 36-
2406, Officer and Enlisted Evaluation Systems.
In support of his request, the applicant provides a personal
statement, copies of his EPRs, memorandums, and raters
statement of recommendation.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on active duty in the grade
of senior master sergeant (SMSgt).
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 applicants EPR profile as a SMSgt is listed below.
PERIOD ENDING OVERALL EVALUATION
20 Jun 08 5
*20 Jun 09 4
EPR PROFILE CONTINUED:
20 Jun 10 5
*Contested Report
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. DPSID states the applicant has
not provided any support from his rating chain stating the
feedback did not occur. Only members in the rating chain can
confirm if counseling was provided. Moreover, while current Air
Force policy requires performance feedback for personnel, a
direct correlation between information provided during the
feedback sessions and the assessments on evaluation reports does
not necessarily exist. For example, if after a positive
feedback session, an evaluator discovers serious problems, he or
she must record the problem in the evaluation report even when
it disagrees with the previous feedback. There may be occasions
when feedback was not provided during a reporting period.
Furthermore, the lack of counseling or feedback, by itself, is
not sufficient to challenge the accuracy or justness of a
report. Evaluators must confirm that they did not provide
counseling or feedback, and that this directly resulted in an
unfair evaluation. Specific information was not supplied about
the unfair evaluation so a reasoned judgment on the appeal could
have been reached.
The applicant provided a memorandum from the rater on the
contested report; however, the memorandum from the rater does
not address any of the allegations that occurred during the
reporting period and it is actually a support letter to help him
get selected for employment elsewhere. The applicant provided
three additional memorandums of support from individuals outside
the rating chain; however, AFI 36-2401, Correcting Officer and
Enlisted Evaluation Reports, states the most effective evidence
consists of statements from the evaluators who signed the report
or from other individuals in the rating chain when the report
was signed. While those individuals are entitled to their
opinions of the applicants duty performance and the events
occurring around the time the EPR was rendered, we do not
believe they were in a better position to evaluate his duty
performance than those who were specifically assigned that
responsibility. Therefore, their opinions are not germane to
his appeal.
The complete DPSID evaluation is at Exhibit C.
HQ AFPC/DPSOE defers to AFPC/DPSID. DPSOE states the first time
the applicants EPR was to be used in the promotion process was
cycle 09E9 to CMSgt. However, his record did not meet the board
due to his non-weighable status (missing top EPR). In order to
compete for promotion, you have to be eligible and your record
must be weighable. Supplemental promotion consideration is
granted on a case-by-case basis. The applicant was considered
for cycle 09E9 during the Jan 10 senior noncommissioned officer
(SNCO) Supplemental Evaluation Board and rendered a non-select.
He then was considered and non-selected for promotion to CMSgt
during the 10E9 Central SNCO Evaluation Board. His EPR score
was 128.92 (135 max score); board score was 322.50 (450 max
score); total promotion score was 575.92, and the score required
for selection in his Air Force Specialty Code (AFSC) was 619.00.
The applicant did not pursue a change to this EPR through the
ERAB until 1 Feb 11, well after the boards convened for cycles
09E9 (Oct 09) and 10E9 (Oct 10).
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 29 Jul 11 for review and comment within 30 days
(Exhibit E). As of this date, no response has been received by
this office.
_________________________________________________________________
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 an error or injustice. We took
careful notice of the applicant's complete submission in judging
the merits of the case; however, after a thorough review of the
evidence of record and his submission, we are not persuaded that
the EPR should be removed from his records. His concerns are
duly noted; however, we do not find the file as presented
sufficiently persuasive to override the rationale provided by
the Air Force offices of primary responsibility (OPRs). The
Board looked at the endorsements included in the file, and those
endorsements are not taken lightly. The letters, however, do
not state what the writers know now that they did not know then.
The Board does not have all the information right now to assess
the proper weight to give these after-the-fact endorsements in
contrast with the real-time EPR. Because of this lack of
information, we are not persuaded that the contested report is
not a true and accurate assessment of his performance during the
specified reporting period or that the rating he received was in
error or contrary to the provisions of the governing
instruction. As previously stated by DPSID, to effectively
challenge an EPR, it is necessary to hear from all the members
of the rating chain, not only for support, but also for
clarification/explanation. As of the date of this Board review,
the applicant has not provided information/support from his
rating chain on the contested EPR to explain whether and why
there was an error and what the correct information or rating
should have been. If he were to provide such evidence from the
rater, additional rater or reviewer, we would be willing to
reconsider his request.
4. Regarding his request for supplemental promotion
consideration, since we find no error with the contested report,
no basis exists upon which to direct supplemental promotion
consideration. Therefore, we agree with the opinions and
recommendations of the Air Force OPRs and adopt their rationale
as the basis for our conclusion that the applicant has not been
the victim of an error or injustice. 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-2011-01820 in Executive Session on 13 Sep 11, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-01820 was considered:
Exhibit A. DD Form 149, dated 5 May 11, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. HQ AFPC/DPSID, Letter, dated 30 Jun 11.
Exhibit D. HQ AFPC/DPSOE, Letter, dated 26 Jul 11.
Exhibit E. SAF/MRBR, Letter, dated 29 Jul 11.
PANEL CHAIR
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