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Decision Text

AF | BCMR | CY2014 | BC 2014 01717
Original file (BC 2014 01717.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-01717

  					COUNSEL:  NONE

					HEARING DESIRED:  YES 



APPLICANT REQUESTS THAT:

His 26 Jan 13 Enlisted Performance Report (EPR) be voided or 
corrected to reflect his commander’s rating and senior rater’s 
endorsement.


APPLICANT CONTENDS THAT:

His rater failed to properly provide performance feedback in 
accordance with AFI 36-2406, Officer and Enlisted Performance 
Systems, because she routinely provided initial and midterm 
feedback on the same day.  In addition, his initial and midterm 
feedback, as well as EPR, have almost identical verbiage to 
another Senior Non-Commissioned Officer (SNCO).  

The EPR rating and intermediate endorsement were based on a 
personality conflict and not his performance as evidenced by his 
commander’s non-concurrence with the rater’s assessment of his 
primary duties however; he still received an intermediate 
endorsement.  The unjust EPR has crippled her ability to compete 
for promotion to Senior Master Sergeant.

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

The applicant, currently on active duty in the Regular Air Force 
in the grade of Master Sergeant, received an EPR closing 26 Jan 
13, with a rating of “5”.  The report was signed by the rater 
and additional rater on 28 Jan 13.  Section VIII, Final 
Evaluator’s Position of subject EPR was checked at the 
Intermediate Level.

Based on information provided by the applicant, PPA Evaluation 
Appeals document control number 5233445, the Evaluation Review 
Appeals Board was not convinced the original report was unjust 
or wrong, and denied the requested relief.   


AIR FORCE EVALUATION:

AFPC/DPSID recommends denial indicating the applicant has not 
provided compelling evidence to show that the report was unjust 
or inaccurate as written.  The applicant has not provided 
sufficient, substantiating documentation or evidence to prove 
his assertions that the contested evaluation was rendered 
unfairly or unjustly, and has merely offered his view of events 
as he believers them to be true.  

The applicant contends that the “5” EPR rendered on 26 Jan 13 is 
unjust based on his claim feedback was never conducted nor was 
there a feedback program in place.  If the applicant was 
concerned about his lack of feedback, there were avenues to take 
to resolve the issue.  When a required feedback does not take 
place, IAW AFI 36-2406, paragraph 2.2.1.3., “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.”  
In this case, the applicant does not appear to have sought any 
remedies from the additional rater of the report to obtain 
feedback if this was not completed.  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), does not invalidate a performance 
report.  

The applicant further contends that due to the commander’s non-
concurrence to the mark down in Section III, Block 1, warrant’s 
removal of the contested evaluation.  The applicant feels that 
the non-concurrence alone is justification for voiding the 
report, but rather it is only changing the marking on the front.  
The member has provided no proof an error/injustice had 
occurred, but rather confirmed by his own statement he had 
received day-to-day feedback through discussion with this rater 
and the rating chain felt he wasn’t a firewall “5”.  The 
applicant has failed to prove the contested evaluation was not 
rendered in good faith by the evaluators at the time and we find 
this portion of the applicant’s request to be without merit. 

Concerning the applicant’s request to have the report modified 
to reflect senior rater endorsement, the applicant has failed to 
provide a re-accomplished EPR, along with signed memoranda of 
support/justification from the original evaluators at the time.  
The governing directive states that appeals requesting to re-
accomplish an evaluation will not be considered without the 
applicant furnishing a new evaluation.  It is therefore our 
recommendation, that for this reason alone, the AFBCMR reject 
the applicant’s request to amend or change the overall rating.  

The complete DPSID evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 17 Apr 15 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.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice.  We took 
notice of the applicant’s complete submission in judging the 
merits of the case; however, we agree with the opinion and 
recommendation of the Air Force office of primary responsibility 
and adopt its rationale as the basis for our conclusion the 
applicant has not been the victim of an error of injustice.  
Therefore, in the absence of evidence to the contrary, we find 
no basis to recommend granting the requested relief.

4.  The applicant’s case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably 
considered.


THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and the 
application will only be reconsidered upon the submission of 
newly discovered relevant evidence not considered with this 
application.


The following documentary evidence pertaining AFBCMR Docket 
Number BC-2014-01717 was considered:

	Exhibit A.  DD Form 149, dated 21 Apr 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSID, dated 6 Apr 15.
	Exhibit D.  Letter, SAF/MRBR, dated 17 Apr 15.

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