RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02551
		INDEX NUMBER:  111.02

		COUNSEL:  None

		HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

The Enlisted Performance Report (EPR) rendered on him for the period 10 Nov 97 through 9 Nov 98 be removed from his records or replaced with a revised report that he has provided.

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APPLICANT CONTENDS THAT:

His rater for the contested report was biased against him.

His commander and rater’s rater at the time of the contested report verified through an investigation that he was the victim of rater bias.

In support of his contention, he provides statements from his commander and indorser.  His commander’s statement addresses the issues raised by the Evaluation Reports Appeal Board (ERAB) in denying the applicant’s appeal.  Both the commander and the indorser provide information on why although they originally supported the rating given the applicant, later determined that it was not a fair or objective evaluation.  The commander states that he was convinced by a review of the applicant’s EPR history (all “5” ratings), his interview of the applicant, rater, and indorser, a review of student feedback reports, and receiving high praise from the MAJCOM Inspector General on the quality of the applicant’s course.  The indorser indicates that he later confirmed that the rater had stated, “I’ll get him now.”

The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date is 26 Sep 84.  A resume of his last ten EPRs follows:

	Closeout Date			Overall Rating

	  15 Aug 92				5
	  15 Apr 93				4
	  01 Mar 94				5
	  01 Mar 95				5
	  01 Mar 96				5
	  01 Mar 97				5
	  09 Nov 97				5
	 *09 Nov 98				4
	  10 Sep 99				5
	  10 Sep 00				5

*  Contested Report

On 4 Apr 00, the applicant filed an appeal with the (ERAB) requesting that the EPR closing out 9 Nov 98 be removed from his records due to rater bias.  The ERAB denied the appeal on 30 May 00.

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AIR FORCE EVALUATION:

AFPC/DPPPWB evaluated this application in regards the impact of the contested EPR on the applicant’s promotion.  No specific recommendation is made.

The first cycle the contested EPR was used in the promotion process was cycle 01E7 to master sergeant (promotion effective Aug 01-Jul 02).  Should the AFBCMR void the report or replace it with the one submitted by the applicant, the applicant would not be selected for promotion during supplemental consideration due to his score still being below the required cutoff for his Air Force Specialty Code.

The complete evaluation is at Exhibit C.

AFPC/DPPPEP also evaluated this application and recommends denial of the applicant’s request.

Both the indorser and the commander had reservations about the contested report.  Why didn’t they do something about it when it originally came to them for signature?  They questioned the ratings but then both agreed and signed the report.  Now, two years later, they want to rewrite the report and state that the applicant exceeds standards.  This is based on the fact that the rater reportedly stated, “I’ll get him” which does not prove that he was biased or that his assessment was inaccurate or unjust.  Also, the rater has not been given the opportunity to address the allegations against him.

The complete evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded to the Air Force evaluations.  He takes issue with several of the comments made by AFPC/DPPPEP and indicates that he believes they have missed the point of his appeal.He states that his former chain of command investigated his allegations against his former supervisor and documented their findings in two letters to the Board as well as rewrote his EPR.

The applicant states that the evaluation done by AFPC/DPPPWB is accurate based on his current status, but points out that the contested EPR caused him to only receive an Air Force Achievement Medal (AFAM) when he was reassigned.  He states that his former chain of command has advised him that they would support changing the AFAM to an Air Force Commendation Medal if the contested EPR is removed from his record.  The upgrade of his medal would give him enough points to be selected for promotion during cycle 01E7.

The applicant’s complete response is at Exhibit F.

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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 probable error or injustice.  The Board was persuaded by the supporting statements from the indorser and commander indicating that the applicant did not receive a fair evaluation on the contested report.  While it does appear to the Board that the indorser and commander failed to take all actions possible or required prior to making the report a matter of record, we believe that to deny the applicant relief on these grounds makes him bear the burden of their neglect.  We note that the applicant requested that the contested report be completely removed or replaced with a revised report that he has provided.  Based on the guidance provided by AFPC/DPPPEP that the revised report does not comply with AFI 36-2402, we believe that complete removal of the report from his records is the appropriate course of action.  Therefore, we recommend that the applicant’s records be corrected as indicated below.

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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, AF Form 910, rendered for the period           10 November 1997 through 9 November 1998 be declared void and removed from his records.

It is further recommended that he be provided supplemental consideration for promotion to the grade of Master Sergeant (E-7) for all appropriate cycles beginning with cycle 01E7.

If selected for promotion to Master Sergeant by supplemental consideration, he be provided any additional supplemental consideration required as a result of that selection.

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.

If supplemental consideration results in the selection for promotion to the higher grade, immediately after such promotion, the records shall be corrected to show that he was promoted to the higher grade on the date of rank established by the supplemental promotion and that he is entitled to all pay, allowances, and benefits of such grade as of that date.

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The following members of the Board considered this application in Executive Session on 28 November 2001, under the provisions of AFI 36-2603:

Panel Chair
Member
Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 29 Aug 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPPWB, dated 18 Sep 01.
     Exhibit D.  Memorandum, AFPC/DPPPEP, 12 Oct 01.
     Exhibit E.  Letter, SAF/MIBR, dated 19 Oct 01.
     Exhibit F.  Memorandum, Applicant, dated 15 Nov 01.

                                   

AFBCMR 01-02551

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to X, be corrected to show that the Enlisted Performance Report, AF Form 910, rendered for the period 10 November 1997 through 9 November 1998 be, and hereby is, declared void and removed from his records.

	It is further directed that he be provided supplemental consideration for promotion to the grade of Master Sergeant (E-7) for all appropriate cycles beginning with cycle 01E7.

	If selected for promotion to Master Sergeant by supplemental consideration, he be provided any additional supplemental consideration required as a result of that selection.

	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.

	If supplemental consideration results in the selection for promotion to the higher grade, immediately after such promotion, the records shall be corrected to show that he was promoted to the higher grade on the date of rank established by the supplemental promotion and that he is entitled to all pay, allowances, and benefits of such grade as of that date.