RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03198
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her AF Form 911, Enlisted Performance Report (MSgt thru CMSgt)
(EPR) for the period of 21 July 2009 thru 10 May 2010 be removed
from her records.
________________________________________________________________
APPLICANT CONTENDS THAT:
1. The EPR contained administrative errors in:
A. Required number of days of supervision. Administratively
Corrected.
B. Dates of provided feedback.
2. Her commander, who was also the Additional Rater, was biased
against her.
3. She was held to a higher standard than her peers and the
final report was held until after the departure of the group
command leadership present during the reporting period.
4. The EPR did not meet the AFI required suspense of being sent
no later than 60 days after close-out to AFPC/DPPBE.
5. The incoming Group Commander had no knowledge of the
personality conflict between her and the commander.
In support of her request, the applicant provides a personal
statement, a copy of her HQ AFPC Evaluation Reports Appeal Board
(ERAB) decision, copies of EPRs, supporting memorandums and
related documents.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is an enlisted member of the Regular Air Force
currently serving in the grade of Senior Master Sergeant (E-8).
The applicants EPR profile as a Senior Noncommissioned Officer
is listed below:
PERIOD ENDING OVERALL EVALUATION
10 May 2011 5B
*10 May 2010 4B
20 Jul 2009 5B
20 Jul 2008 5B
20 Jul 2007 5B
*Contested Report
The applicant filed an appeal with the ERAB to remove the
performance report. The ERAB considered the request, however,
they were not convinced the report was unjust or wrong, and
denied the requested relief.
The remaining relevant facts pertaining to this application
extracted from the applicants military personnel records are
contained in the letter prepared by the appropriate Air Force
office of primary responsibility (Exhibit B). Accordingly there
is no need to recite these facts in this Record of Proceedings.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial. DPSID states there is no evidence
the report is unjust or inaccurate as rendered. The applicant
contends the root cause of her receiving a marked down overall
4 EPR was due to a personality conflict with her additional
rater who was also her commander. The applicant claims to have
been in a horrible work environment, the worst in her Air Force
career. The applicant does acknowledge she received a Letter of
Admonishment from her commander for failure to obey and
disrespect to a senior officer (failure to salute) for an
incident during the rating period. If the applicant believed
she was a victim of unfair treatment by her additional rater,
and any unfair treatment may have negatively influenced the
report, then it is our contention that she should have initiated
an Inspector General (IG) or Military Equal Opportunity and
Treatment (EOT) complaint. The applicant has failed to provide
any evidence that she pursued any of these actions or provide
any findings in her favor. In the absence of any evidence of
unfair treatment or injustice, we find the ratings were given
fairly and in accordance with all Air Force policies and
procedures.
Air Force policy is that an evaluation report is accurate as
written when it becomes a matter of record. To effectively
challenge an EPR, it is necessary to hear from all members of
the rating chain, not only for support, but also for
clarification/explanation. The applicant has failed to provide
any information/support from the rating chain of record on the
contested EPR. In the absence of information from evaluators,
official substantiation of error or injustice from the IG or EOT
is appropriate, but not provided in this case. It appears the
report was accomplished in direct accordance with applicable
regulations.
An evaluation report is considered to represent the rating
chains best judgment at the time it is rendered. We contend
that once a report is accepted for file, only strong evidence to
the contrary warrants correction or removal from an individuals
record. The burden of proof is on the applicant. The applicant
has not substantiated the contested report was not rendered in
good faith by all evaluators based on knowledge available at the
time.
Our research has revealed that the total number of days
supervised, as claimed on the report is incorrect (the report
stated 293 total days). The correct number of days supervised,
after deducting for the applicants deployed time was actually
156 total days. The applicant deployed during this rating
period and provided a travel voucher to show this fact. The
total number of days as indicated on the travel voucher that are
appropriate to deduct from the rating period are 137 days. As a
result of this finding, AFPC/DPSIDEP has, in accordance with AFI
36-2406, Officer and Enlisted Evaluation Systems,
administratively corrected the total number of days on the
contested report to reflect 156 total days supervised and has
submitted the corrected report to ARMS for inclusion in the
applicants permanent evaluation record.
The complete AFPC/DPSID evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant highlights the fact that the attached MSM with
push note and current EPR illustrate sustained superior
performance on her part and further demonstrates her work ethic
since the incident.
The applicants complete response w/attachments is at Exhibit D.
________________________________________________________________
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 error and injustice. After a
thorough review of the facts and circumstances of this case, we
believe the applicant has been the victim of an injustice. We
note the comments of the Air Force office of primary
responsibility, indicating the applicant has failed to sustain
her burden of proof; however, we believe she has raised
sufficient doubt regarding the equity and accuracy of the
contested EPR. In this respect, we note the overall rating of
the contested report represents a significant regression when
compared to her performance history both prior and subsequent to
the period under review; and there was no evidence of any
adverse action or misconduct on the part of the applicant.
Therefore, in order to preclude the possibility of an injustice
to the applicant, we believe it is appropriate to resolve any
doubt in her favor. Accordingly, we recommend her 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
Enlisted Performance Report (MSgt thru CMSgt), AF Form 911,
rendered for the period 21 July 2009 through 10 May 2010 be
declared void and removed from her records.
________________________________________________________________
The following members of the Board considered this application
BC-2011-03198 in Executive Session on 5 April 2012, under the
provisions of AFI 36-2603:
, Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149 dated 12 August 2011, w/atchs.
Exhibit B. Letter, AFPC/DPSID, dated 3 November 2011.
Exhibit C. Letter, SAF/MRBR, dated 18 November 2011.
Exhibit D. Letter, Applicant, dated 12 December 2011,
w/atchs.
Chair
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