RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00423
		INDEX NUMBER:  111.05
	XXXXXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

The Enlisted Performance Report (EPR) rendered on him for the period 21 Jul 00 through 22 Dec 00 be voided and removed from his record.

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APPLICANT CONTENDS THAT:

The markdowns in Section III, blocks 5 and 6, were based on personal bias towards him by his squadron commander after disagreement over an Aerospace Expeditionary Forces (AEF) tasking he was selected for.

The markdowns in Section III are contrary to the comments in Sections V, VI, and VII.

His squadron commander pressured his rater into marking his EPR down.  His squadron commander had no legal or ethical reasons to withhold his promotion to senior master sergeant (SMSgt) or to downgrade his overall rating to 4 or lower, so she used unethical means to derail his career.

He was never provided performance feedback that his performance had shortcomings and, thus, had no opportunity to improve his purported deficiencies.  The reason indicated on his EPR for not receiving feedback is a complete fabrication.

In support of his appeal, applicant provides a five-page memorandum that gives an overview of his performance as a senior noncommissioned officer (SNCO) during his career, his version of events that led to the unfair EPR, statements of support from his rater and former wing commander, character references, and copies of his EPRs.

His rater failed to provide specific details in his letter of support due to fear of ramifications.

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

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STATEMENT OF FACTS:

The applicant is presently serving on active duty in the grade of senior master sergeant.  His Total Active Federal Military Service Date (TAFMSD) is 14 Oct 82.  The applicant has a high year of tenure (HYT) of 1 Oct 08.

The applicant’s last ten EPRs reflect overall ratings of “5.”

The Evaluation Reports Appeal Board denied a similar appeal from the applicant to remove the EPR closing out 22 Dec 00.

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AIR FORCE EVALUATION:

AFPC/DPPPE recommends denial of the applicant’s request.

While the applicant cites several reasons why he believes his additional rater was biased against him, he has not provided any evidence or witness’s statements that would corroborate his allegation.  It is all “hearsay” and completely unsubstantiated.  The statement provided by the applicant’s rater offers no specific reasons why his initial assessment of the applicant was incorrect and does not claim he was coerced as a result of the additional rater’s alleged bias.  It is important to note that the applicant had the same additional rater for two previous evaluations, which had no markdowns.  It is clear that the applicant’s rating chain felt that the applicant was a firewall performer on his previous reports, but changed their opinion based on his performance during the rating period in question.

Additionally, the applicant states that he was not provided feedback by either the rater or commander and that the reason given for his not receiving feedback was a fabrication.  However, he has not provided the required supporting documentation to support his contention.  The Senior Rater (who was not an evaluator on the EPR) provided a letter of support only to agree that the reason that feedback was not accomplished is inaccurate.  The applicant did not provide a statement from the rater indicating what the actual reason for not conducting feedback was.  Furthermore, AFI 36-2406, paragraph 2.10 states “A rater’s failure to conduct a required or requested feedback session will not, of itself, invalidate any subsequent performance report.”  

The complete evaluation is at Exhibit C.

AFPC/DPPPWB makes no recommendation regarding the applicant’s request, but advises that should the EPR be removed from the applicant’s records, he will be entitled to supplemental promotion consideration beginning with cycle 02E9.

The complete evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluation were forwarded to the applicant on 14 Mar 03 for review and comment within 30 days.  To date, a response has not been received.

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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 error or injustice.  The Board notes that the comments in Sections V, VI, and VII of the contested report are not consistent with the markdowns in Section III, items 5 and 6.  The comments give no indication as to the applicant’s deficiencies in the areas of “judgment” and “professional qualities.”  Additionally, we note that the contested report is inconsistent with other reports rendered on the applicant, immediately before and after.  While each performance report represents a specific period in time that an individual is being rated, when an individual’s performance changes so drastically, it should be clear to anyone viewing the record what constituted the variance in performance.  As such, the contested report rendered on the applicant fails to do so and imposes a significant blemish on what had otherwise been a sterling record of performance.  We believe that a rater has the right and responsibility to render an accurate assessment of an individual’s performance.  However, when rendering an adverse rating, we believe that the failure to clearly indicate what influenced the rating constitutes an injustice.  Therefore, in the interest of equity and justice, 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 Senior Enlisted Performance Report (MSgt thru CMSgt), AF Form 911, rendered for the period 21 Jul 00 through 22 Dec 00, be declared void and removed from his records.

It is further recommended that he be provided supplemental consideration for promotion to the grade of chief master sergeant   (E-9) beginning with cycle 02E9.

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 qualifications 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 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 Docket Number BC-2003-00423 in Executive Session on 7 May 2003, 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 Jan 03, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPPE, dated 21 Feb 03.
     Exhibit D.  Memorandum, AFPC/DPPPWB, dated 26 Feb 03.
     Exhibit E.  Letter, SAF/MRBR, dated 14 Mar 03.

                                   
                                   Panel Chair

AFBCMR BC-2003-00423

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 XXXXXXXXXX, XXX-XX-XXXX, be corrected to show that the Enlisted Performance Report (MSgt thru CMSgt), AF Form 911, rendered for the period 21 Jul 00 through 22 Dec 00, 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 chief master sergeant (E-9) beginning with cycle 02E9.

	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 qualifications 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 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.

		
		Director
		Air Force Review Boards Agency