RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02406
		INDEX CODE:  111.02

		COUNSEL:  NONE
  
		HEARING DESIRED:  NO
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APPLICANT REQUESTS THAT:

The Enlisted Performance Report (EPR) rendered for the period 29 January 2000 through 28 January 2001 be declared void and replaced with a reaccomplished report.

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APPLICANT CONTENDS THAT:

The exclusion of the senior rater’s endorsement on the contested report was an act of reprisal as a result of a maltreatment complaint and verbal abuse complaint against his immediate supervisor with the Medical Operations Squadron Commander.  This complaint was used negatively, which impacted the relationship with her immediate chain of command resulting in unfair treatment and consideration throughout the rating period.

In support of the appeal, the applicant submits a personal statement, a copy of the Mediation Settlement Agreement, several letters of congratulations, a statement from the superintendent saying applicant was treated unfairly in her evaluation, a copy of her sequence of events document, a statement from the rater stating that he believes the conflicting message in the first EPR would be misinterpreted and not truly representative of the applicant’s worth to the Medical Group, and a statement from the additional rater stating he recommends that consideration be given to the applicant for a senior level endorsement by the Medical Group Commander.

Applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the grade of senior master sergeant.

EPR profile since 1997 reflects the following:

      PERIOD ENDING                 EVALUATION OF POTENTIAL

        28 Jan 97				  5
        28 Jan 98				  5
        28 Jan 99				  5
        28 Jan 00				  5
       *28 Jan 01				  5
         9 Dec 01				  5

      *Contested Report

The applicant filed an appeal under the provisions of AFI 36-2401, Correcting Officer and Enlisted Evaluation Reports, on 1 December 1997.  The Evaluation Reports Appeal Board’s (ERAB) denial of her request to substitute the report is at Exhibit A.

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AIR FORCE EVALUATION:

AFPC/DPPPE states that an evaluation report is considered to be accurate and represent the rating chain’s best judgment at the time it is rendered.  Once a report is accepted for file, only clear, strong evidence to the contrary warrants removal from an individual’s record.  The burden of proof is on the applicant.  The applicant has not provided convincing evidence that reprisal or undue influence resulted in the contested report closing below senior rater level.  Therefore, they recommend denial of applicant’s request.

A complete copy of the evaluation is attached at Exhibit C.

AFPC/DPPPWB states that supplemental promotion consideration is granted on a case-by-case basis for reasons listed in AFI 36-2502, Table 2.5.  A member will not normally be granted supplemental consideration if the error or omission appeared on his/her Data Verification Record (DVR) or in the Unit Personnel Record Group (UPRG) and the individual did not take the appropriate corrective or follow-up action before the original board convened.  The purpose of this policy is to reduce the number of “after the fact” changes that are initiated in an effort to get a second opportunity for promotion.  The applicant did not file an appeal through the ERAB until 19 November 2001, after the board convened for cycle 01E9 (9 October 2001).  The first cycle the contested EPR was used in the promotion process was cycle 01E9 to Chief Master Sergeant (CMSgt) (promotions effective January 2002 – December 2002).  Should the AFBCMR void the report as requested, the applicant will be entitled to supplemental consideration beginning with cycle 01E9 to CMSgt.

A complete copy of their evaluation is attached at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 11 October 2002, copies of the Air Force evaluations were forwarded to the applicant for review and response within 30 days.  As of this date, this office has received no response. 

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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.  After reviewing the applicant’s detailed statement of events and the statements provided in support of her appeal, some doubt has been created that the decision to close out the contested report without a reviewer evaluation was based on factors other than the applicant’s duty performance.  In view of the foregoing, and in an effort to offset any possibility of an injustice, we believe any doubt be resolved in the applicant’s favor and that the contested EPR should be declared void and replaced with a reaccomplished report covering the same period.  In addition, she should be provided supplemental promotion consideration for all appropriate cycles beginning with cycle 01E9.  During the supplemental process, her record should rescored against the appropriate benchmark records since, given the nature of the correction we propose, such a rescoring would be the only way to determine whether the applicant has been the victim of a promotion injustice because of the contested report.

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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:

    a.  The Senior Enlisted Performance Report, AF Form 911, rendered for the period 29 January 2000 through 28 January 2001, be declared void and removed from her records.

    b.  The attached Senior Enlisted Performance Report, AF Form 911, rendered for the period 29 January 2000 through 28 January 2001, which reflect changes to Section VI, Additional Rater’s Comments, and Section VII, Reviewer’s Comments, be placed in her records in its proper sequence.

It is further recommended that applicant be provided supplemental consideration for promotion to the grade of chief master sergeant for all appropriate cycles beginning with cycle 01E9, to include a mandatory rescoring of her corrected record against the appropriate benchmark records.

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 promotion consideration results in the selection for promotion to the higher grade, immediately after such promotion the records shall be corrected to show that applicant was promoted to the higher grade on the date of rank established by the supplemental promotion and that applicant 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 23 January 2003, under the provisions of AFI 36-2603:

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

   Exhibit A.  DD Form 149, dated 26 Jul 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPE, dated 24 Sep 02.
   Exhibit D.  Letter, AFPC/DPPPWB, dated 26 Sep 02.
   Exhibit E.  Letter, SAF/MRBR, dated 11 Oct 02.

AFBCMR 02-02406
INDEX CODE:  111.02

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, be corrected to show that:

                 a.  The Senior Enlisted Performance Report, AF Form 911, rendered for the period 29 January 2000 through 28 January 2001, be, and hereby is, declared void and removed from her records.

                 b.  The attached Senior Enlisted Performance Report, AF Form 911, rendered for the period 29 January 2000 through 28 January 2001, which reflects a change to Section VI, Additional Rater’s Comments, and Section VII, Reviewer’s Comments, be placed in her records in its proper sequence.

           It is further directed that applicant be provided supplemental consideration for promotion to the grade of chief master sergeant for all appropriate cycles beginning with cycle 01E9, to include a mandatory rescoring of her corrected record against the appropriate benchmark records.

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