RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04618
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her AF Form 911, Enlisted Performance Report (MSgt thru CMSgt)
(EPR), for the period of 1 July 2007 thru 30 June 2008 be
removed from her records.
________________________________________________________________
APPLICANT CONTENDS THAT:
The period of performance on her 2007 and 2008 EPRs reflect
incorrect periods of supervision as they were both submitted
four to six months after the respective closeout dates. The
late submittal dates of these EPRs hindered her promotion
eligibility to the grade of Senior Master Sergeant, (E-8),
because her records were late getting to the promotion board.
Even though a feedback date was stated on her 2007 EPR, she did
not receive any performance feedback from her former rater
during the two years she worked under her supervision. Her
supervisor gave her first feedback session approximately 60 days
prior to the closeout of her 2008 EPR and after they had a
mutual disagreement on a project. Due to a personality conflict
between her and her supervisor, the 2008 report incorrectly
summarizes her performance during the reporting period.
In support of her request, the applicant provides a personal
statement, a copy of the contested EPR, a copy of her
AF Form 932, Performance Feedback Worksheet (MSgt thru CMSgt), a
copy of a package submitted to her commander, with attachments,
supporting memorandums and emails, and related documents
extracted from her personnel records.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force who
served from 29 September 1987 to 30 April 2010. She was
progressively promoted to the rank of Master Sergeant (MSgt),
(E-7), with Date of Rank and Effective Date of 1 December 2001.
She was retired from active duty with an honorable
characterization of service and credited with 22 years,
7 months, and 2 days of active duty service.
The applicants EPR profile as a Senior Noncommissioned Officer
is listed below:
PERIOD ENDING OVERALL EVALUATION
*30 June 2008 4B
30 June 2007 5B
30 June 2006 5B
30 June 2005 5B
30 June 2004 5B
*Contested Report
The applicant did not file an appeal through the Evaluation
Report Appeals Board (ERAB) under the provisions of AFI 36-2406, Correcting Officer and Enlisted Evaluation Reports, due to the
fact that she is in retired status and no longer authorized to
file an ERAB appeal.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial. DPSID states after a careful
review of the applicants performance record, they are unable to
find any incorrect period as the applicant alleges. They
observed no gaps in performance reporting, and the contested
evaluation (which was her final EPR on active duty) began the
day following the close-out of her prior report. The applicant
also contends that the late submission of the contested report
caused her EPR to be late in getting to the evaluation board.
The applicant has not provided any evidence within her appeal
that this report did in fact not make it into her promotion
selection record in time for the promotion evaluation board.
The applicant further makes the claim that the only feedback she
received during the rating period was the result of a mutual
disagreement between herself and her rater. Whether or not this
was the case is irrelevant, because the rater did in fact
perform the feedback during the rating period, and duly recorded
the date on the contested report. The applicant has not
provided any documentation to prove her assertion that the
feedback was rendered improperly. The applicant finally alleges
that she did not receive any feedback from this rater prior to
this feedback session for a period of almost two years. This
allegation is also irrelevant, as the following guidance from
AFI 36-2406 paragraph 2.10. Failure of Rater to Conduct or
Document a Feedback Session, applies: While documented
feedback sessions are required by this Instruction, they do not
replace informal day-to-day feedback. A raters failure to
conduct a required or requested feedback session or document the
session on a performance feedback worksheet (PFW), will not of
itself, invalidate any subsequent performance report or (for
officers) PRF. They presume that in the absence of any
documentation to disprove otherwise, the rater did properly
supervise and provided the proper feedback to the applicant, and
thus, they do not find this specific allegation to have any
merit.
In addition, while other individuals outside the rating chain
are entitled to their opinions of the applicants duty
performance and the events occurring around the time the EPR was
rendered, they do not believe these individuals were in a better
position to evaluate her duty performance than those who were
specifically assigned that responsibility. Therefore, their
opinions are not germane to the applicants appeal. 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 Inspector General or Equal Opportunity and
Treatment is appropriate, but not provided in this case.
Therefore, although the applicant alludes to an investigation,
one could not be located to support this claim. It appears the
report was accomplished in direct accordance with applicable
regulations.
The complete AFPC/DPSID evaluation is at Exhibit C.
AFPC/DPSOE recommends denial. DPSOE states the contested report
was used in the promotion cycle. The applicant received an EPR
score of 128.25 (out of 135.00), a total score of 556.75, and
the score required for selection in her Air Force Specialty Code
(AFSC) was 645.41. The 2009 Senior Noncommissioned Officer
(SNCO) Promotion Evaluation Board convened 2 through
20 February 2009. The applicants EPR was filed into the Master
Personnel File on 6 January 2009, and was marked with the board
cycle ID and a selection folder number. This, with the fact
that the applicant received a board score, verifies that the
contested EPR was seen by the Board. Had the report not been in
the applicants SNCO selection folder, she would have been
considered non-weighable, her record would not have met the
Board, and she would not have received a board score.
DPSOE further states AFPC/DPSID has reviewed the case and found
the contested report to be accurate as rendered. They therefore
recommend denial of supplemental promotion consideration.
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 1 March 2012 for review and comment within 30 days
(Exhibit E). To date, this office has not received a 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. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. We took notice
of the applicant's complete submission in judging the merits of
the case; however, we agree with the opinions and
recommendations of the Air Force offices of primary
responsibility and adopt their rationale as the basis for our
conclusion that the applicant has not been the victim of an
error or injustice regarding her request for removal of the EPR
rendered for the period 1 July 2007 through 30 June 2008 from
her record. Therefore, in the absence of evidence to the
contrary, we find no compelling 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 this application
BC-2011-04618 in Executive Session on 17 July 2012, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
, Panel Chair
, Member
, Member
Exhibit A. DD Form 149 dated 11 November 2011, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 24 January 2012.
Exhibit D. Letter, AFPC/DPSOE, dated 2 February 2012.
Exhibit E. Letter, SAF/MRBR, dated 1 March 2012.
Panel Chair
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