AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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DOCKET NUMBER: BC-2012-00827
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
His AF Form 910, Enlisted Performance Report (AB thru TSgt),
rendered for the period 5 Apr 08 through 13 Jan 09 be removed
from his records.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The EPR in question contained comments that were not truthful or
accurate. His commander had his rater prepare a memorandum for
record (MOR) indicating feedback had been completed when it had
not. The feedback date recorded on the contested EPR was a date
prior to the inclusive period for the report.
In support of his request, the applicant provides copies of his
EPRs for periods ending 4 Apr 08 and 13 Jan 09, his appeal to the
Evaluation Report Appeals Board (ERAB) and, a memorandum from his
rater dated 6 May 08.
Applicant’s complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on active duty in the rank of
Technical Sergeant (TSgt).
Applicant’s EPR profile as a TSgt is listed below:
PERIOD ENDING
13 Jan 12
13 Jan 11
13 Jan 10
*13 Jan 09
4 Apr 08
4 Apr 07
*Contested Report
OVERALL EVALUATION
Air Force Instruction (AFI) 36-2406, Officer and Enlisted
Evaluation Systems, Table 2.1, Rule 2, Note 1, states the rater
must conduct the initial feedback session within the first 60
days he or she initially begins supervision. In addition,
Chapter 2, paragraph 2.10. states while documented feedback
sessions are required, they do not replace informal day-to-day
feedback. A rater's 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.
AFI 36-2401, Correcting Officer and Enlisted Reports, paragraph
A1.5.8 states only members in the rating chain can confirm if
counseling was provided. While current Air Force policy requires
performance feedback for personnel, a direct correlation between
information provided during 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 problems 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. Lack of counseling or feedback, by itself, is
not sufficient to challenge the accuracy or justness of a report.
Evaluators must confirm they did not provide counseling or
feedback, and that this directly resulted in an unfair
evaluation. You must also supply specific information about the
unfair evaluation so the Board can make a reasoned judgment on
the appeal. Finally, every airman knows the existing standards
for indebtedness, weight, fitness, etc. Lack of counseling in
these areas provides no valid basis for voiding a report.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial noting there is no evidence the
contested report was unjust or inaccurate. The applicant did
file an appeal with the Evaluation Reports Appeal Board (ERAB).
The ERAB reviewed the application and was not convinced the
contested report was inaccurate or unjust. Furthermore, it is
the ratee’s responsibility to notify the rater and, if necessary,
the rater’s rater, when required or requested feedback did not
take place. The applicant has not provided evidence, or stated
that he made any attempt to ensure he received his required
feedback. Moreover, while Air Force policy requires formal
feedback be documented, a direct correlation between information
provided during the feedback session and the assessments on an
evaluation report does not necessarily exist. For example, if
after a positive feedback session, an evaluator discovers serious
problems, the evaluator must record the problem in the evaluation
report even when it disagrees with the previous feedback.
Additionally, a formal feedback does not negate any day-to-day
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that
may
include
any
of
from
type
absence
of
information
evaluators,
interaction
formal
feedback/counseling, whether verbal or in writing. Furthermore,
the lack of counseling or feedback, by itself, is not sufficient
justification 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.
The applicant also alleged the feedback date on the contested EPR
was a date from the prior reporting period. The previous EPR
closed out on 4 Apr 08, and the feedback date on the contested
ERP was 5 May 08, a month after the close out date of the
previous report, and therefore represents the date the rater
provided the initial feedback. In addition, to effectively
challenge an EPR, it is imperative to hear from all the members
of the rating chain--not only for support, but also for
clarification and explanation. The applicant has not provided
any information or documented support from his rating chain. In
the
official
substantiation of an error or an injustice from the Inspector
General (IG) or Military Equal Opportunity is appropriate, but
has not been provided with his case.
An evaluation report is considered to represent the rating
chain’s best judgment at the time it is rendered. Furthermore,
once a report is accepted for file, only strong evidence to the
contrary warrants correction or removal from an individual’s
record. The burden of proof is on the applicant and he has not
provided any evidence to show the contested report was unjust or
inaccurate
The complete AFPC/DPSID evaluation is at Exhibit C.
AFPC/DPSOE defers to the recommendation of AFPC/DPSID. DPSOE
notes the applicant was considered and not selected for promotion
by the 10E7 and 11E7 promotion cycles. However, even if the
Board voids the contested report, supplemental promotion
consideration would not be necessary for past cycles as the
applicant would remain a nonselect. The applicant was considered
and selected for promotion to master sergeant (MSgt) during the
12E7 promotion cycle.
The complete AFPC/DPSOE evaluation is at Exhibit D.
_________________________________________________________________
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 4 Jun 12, for review and comment within 30 days. 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 an injustice. We took
notice of the applicant’s complete submission in judging the
merits of the case; however, we agree with the opinion and the
recommendation of the APC/DPSID and adopt their rationale as the
basis for our decision that the applicant has failed to sustain
his burden of proof of the existence of an error or injustice.
Applicant's contentions are duly noted, however, we are not
persuaded by the evidence provided to recommend removal of the
performance report in question. 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-2012-00827 in Executive Session on 28 Sep 12, under the
provisions of AFI 36-2603:
Chair
Member
Member
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The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-00827 was considered:
Exhibit A. DD Form 149, dated 24 Feb 12, w/atchs.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 26 Apr 12.
Exhibit D. Letter, AFPC/DPSOE, dated 22 May 12.
Exhibit E. Letter, SAF/MRBR, dated 4 Jun 12.
Chair
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