RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02715
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Air Force Form 911, Enlisted Performance Report (EPR) (MSgt
thru CMSgt) rendered for the period 30 September 2009 through
29 September 2010, be amended in Section VII (Reviewers
Comments), line 3, to reflect his enlisted stratification of #3
of 105 master sergeants.
_________________________________________________________________
APPLICANT CONTENDS THAT:
On or about 16 Mar 11, Lieutenant Colonel V informed him there
was a clerical error on his 2010 EPR that required correction.
Lieutenant Colonel V stated Major General M had stratified him
#3 of 105 MSgts within the National Reconnaissance Organization
(NRO) for 2010 and he needed to work with the personnel section
in the NRO to get the EPR corrected. After several months of
working with the personnel section, he was informed the
Evaluation Report Appeals Board (ERAB) was not convinced the
contested report was inaccurate or unjust and disapproved his
request.
He disagrees with the decision of the ERAB and AFI 36-2401, Correcting Officer and Enlisted Evaluation Reports to deny his
request. AFI 36-2401, paragraph A1.5., indicates a report is
not erroneous or unfair because of a missing stratification
statement due to the fact the stratification is not required on
enlisted reports. While, he fully supports the rationale for
not allowing corrections to EPRs for certain reasons. However,
over the last few years senior enlisted promotions have become
more competitive and the level of stratification has become a
contributing factor in consideration for promotion and for
career progression. Every year, chief master sergeants (CMSgts)
from all levels (unit, squadron, group and wing) convene boards
to review and make recommendations to their respective
commanders to rate their top senior noncommissioned officers
(SNCOs) amongst their peers. The process is very tedious and
time consuming. However, senior enlisted and officers know the
importance of stratification for their top enlisted performers
and therefore, take the time to acknowledge their
accomplishments and future leadership potential.
He is the victim of an error and it would be unjust not to make
the requested change to his EPR. The stratification was omitted
through no fault of his own, but from an oversight during the
EPR review process, as stated by Major General M. At no time
did he, his supervisor, or anyone in his chain of command know
the stratification had been omitted from his EPR.
Unfortunately, it was not discovered until after the EPR was
signed, placed in his official military record, and reviewed
during the 2011E8 promotion board. Had the error been
discovered prior to signing of the EPR, he would not have signed
the report until the correction was made.
The error not only had promotion implications for the
2011E8 promotion cycle but will impact every promotion cycle for
the rest of his military career.
In support of his request, the applicant provides a personal
statement, copies of the contested and corrected EPRs,
memorandums and other documentation in support of his
application.
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 master sergeant (MSgt).
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:
HQ AFPC/DPSID recommends denial. The applicant provided a
substitute report, signed by all of the original rating chain,
as well as a justification memorandum from his reviewer Major
General M. In addition, the applicant provided a letter from
Lieutenant Colonel V, who while not in his rating chain, states
he was involved in the administrative process of helping to
provide stratification recommendations to Major General M.
After a careful review of the supporting documents, it appears
the discovery occurred only after the applicant was notified of
his non-selection for promotion to the rank of SMSgt by the
2011E8 promotion board. General Ms evaluation appeal statement
states shortly after the SMSgt promotion release on 10 Mar 11,
my command chief conducted a records review and counseling
session with the applicant and it was noted that information
(stratification) was not documented on his EPR. The applicant
states in his memorandum that he was informed by Lieutenant
Colonel V that there was a clerical error on his 2010 EPR that
needed to be corrected. Lieutenant Colonel V, according to the
applicant stated Major General M had stratified you as the #3
of 105 MSgts in the NRO for 2010. The question that
immediately comes to mind is that in any organization,
especially a large organization such as the Air Force Space
Command Element, how likely is it that no one at multiple levels
of responsibility had any visibility or awareness of the
stratification procedures and allowed someone who was in the top
3 of 105 MSgts to have a report finalized without including this
stratification. Major General M. claims in her statement that
this occurred due to an administrative error, but does not
elaborate on how or why the administrative error occurred.
AFI 36-2401, paragraph A1.5.1., states the following: Impact on
Promotion Career Opportunity. A report is not erroneous or
unfair because the applicant believes it contributed to a non-
selection for promotion or may impact future promotion on career
opportunities. The board recognizes that non-selection for
promotion is, for many, a traumatic event, and the desire to
overturn that non-selection is powerful motivation to appeal.
However, the board is careful to keep the promotion and
evaluation issues separate, and to focus on the evaluation
report only. The simple willingness by evaluators to upgrade,
rewrite, or void a report is not a valid basis for doing so.
For example, requests to add optional statements (such as PME,
job/command push recommendation, or stratification) to an
evaluation report or promotion recommendation form (PRF) will
normally not form the basis for a successful appeal. The
applicant must prove the report is erroneous or unjust based on
its content. The applicant nor the Reviewer has provided any
evidence that the report was inaccurate of erroneous, based on
its content.
Additionally, the applicant states however, over the last
several years, senior enlisted promotions have become
competitive, and the level of stratification has become a
contributing factor in consideration for promotion. He also
states however, our senior enlisted and officers know the
importance stratification for their top enlisted performers.
The applicant, being a SNCO himself would well know this fact,
and it seems hard to believe that he would not have been
notified of this previously agreed upon stratification on
himself, since it had already been established by Lieutenant
Colonel V that it was Major General Ms wish that the applicant
receive this stratification. In any case, as previously
mentioned, pushes for stratification are not mandatory, and
their exclusion does not constitute an injustice, nor make the
report inaccurate. As such, the willingness of the reviewer to
change the EPR after the fact should not provide the basis for
successfully appealing to substitute the contested report, as
nor error or injustice has occurred in this case.
We contend that once a report is accepted for file, only strong
evidence of an error or injustice warrants correction or removal
from an individuals record. The burden of proof is on the
applicant and in this case we contend the applicant has failed
to substantiate an error or injustice has occurred on the
contested evaluation and that all reasonable attempts were made
prior to the selection board by both the rating chain and
applicant.
The complete DPSID evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluations was forwarded to the
applicant on 2 Sep 11 for review and comment within 30 days
(Exhibit D). 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. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. We note the
comments of the Air Force office of primary responsibility;
however, after a thorough review of the evidence of record and
his submission, we believe the applicant has established
reasonable doubt as to whether or not the EPR in question is a
true and accurate portrayal of his performance and demonstrated
potential during the period in question. In view of the letter
of clarification/support from the senior rater stating that due
to an administrative oversight a stratification statement was
omitted on the applicants EPR closing 29 September 2010, we
recommend that his record be corrected as indicated below. In
addition, since the contested report was a matter of record when
he was considered for promotion during cycle 11E8, we also
recommend that he be provided supplemental consideration for
promotion to the grade of senior master sergeant (E-8) for all
appropriate cycles beginning with this cycle.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Fore
relating to the APPLICANT be corrected to show that:
a. The AF Form 911, Enlisted Performance Report (MSgt thru
CMSgt) rendered for the period 30 September 2009 through 29
September 2010, be and hereby is declared void and removed from
his records.
b. The attached AF Form 911, Enlisted Performance Report
(MSgt thru CMSgt) rendered for the period 30 September 2009
through 29 September 2010, be inserted in his Senior
Noncommissioned Officer Selection Folder in its proper sequence.
It is further recommended that he be provided supplemental
consideration for promotion to the grade of senior master
sergeant (E-8) for all appropriate cycles beginning with cycle
11E8.
If AFPC discovers any adverse factors during or subsequent to
supplemental consideration that are separate and apart, and
unrelated to the issues involved in this application, that would
have rendered the applicant ineligible for the promotion, such
information will be documented and presented to the board for a
final determination on the individual's qualification for the
promotion.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-02715 in Executive Session on 16 Feb 12, under
the provisions of AFI 36-2603:
Panel Chair.
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Jul 11, w/atchs.
Exhibit B. HQ AFPC/DPSID, Letter, dated 22 Aug 11.
Exhibit C. SAF/MRBR, Letter, dated 2 Sep 11.
Panel Chair
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