RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01345
		INDEX NUMBER:  111.00; 131.00
	XXXXXXXXXXXX	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 27 Jan 99 through 26 Jan 00 be voided and removed from his official records.

He be given supplemental promotion consideration to technical sergeant (TSgt) during cycle 02E6.

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APPLICANT CONTENDS THAT:

He was not given a fair performance from his supervisor and feels that he was intentionally set up for failure.  He was not given any performance feedback indicating that he was not meeting expectations.

The contested EPR does not reflect his outstanding work.

The applicant explains the sequence of events that took place in his receipt of the “4” rating on the contested report and his actions to appeal the report.  He indicates that he consciously waited until he had received two additional EPRs, both firewall “5s” before submitting an appeal to the Evaluation Reports Appeal Board.  His appeal to the ERAB was returned due to his not providing statements from all in his rating chain.  After receiving the inputs, the applicant believed that his appeal to the ERAB was futile and that his best course of action was to send his case to the AFBCMR.

The applicant discusses his promotion to staff sergeant (SSgt) through the Stripes for Exceptional Performers (STEP) program.  He rebuts the rationale provided by his section commander for not supporting removal of his contested EPR although he was promoted through the STEP program.

In support of his appeal the applicant provides a copy of his appeal to the ERAB, documentation on his promotion through the STEP program, copies of performance reports, awards, and letters of support from various personnel and letters from his rating chain not submitted with his ERAB appeal.

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

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STATEMENT OF FACTS:

The applicant entered the Air Force on 27 May 92.  He is presently serving on active duty in the grade of SSgt.  A review of his last ten EPRs reveals nine with overall ratings of “5” and one with an overall rating of “4.”  The applicant was selected for promotion to the grade of TSgt during cycle 03E6.

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AIR FORCE EVALUATION:

AFPC/DPPPEP recommends denial of the applicant’s request to void his EPR closing 26 Jan 00.  The ERAB returned the applicant’s appeal without action because he did not provide statements from all of the rating chain.  He has now provided additional information (i.e. statements from those within his rating chain) not presented to the ERAB.  No one in the applicant’s rating chain supports voiding his EPR.

The complete evaluation is at Exhibit C.

AFPC/DPPPWB provides information regarding the impact of the contested EPR on the applicant’s promotion opportunity.  If the AFBCMR voids the contested EPR, the applicant will become a selectee for promotion to TSgt during cycle 02E6, pending a favorable data verification and recommendation of the commander.

The complete 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 8 Aug 03 for review and comments 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 was persuaded by the support the applicant initially received from his indorser stating that he believed that the applicant deserved a “5” rating and that the applicant was the victim of inappropriate supervision.  The Board notes that the indorser later withdrew his support for removing the EPR from the applicant’s records.  However, we are troubled by his admission that he signed blank forms and, apparently, did not have any concern over what markings and comments might be put in the report under his signature.  The indorser discusses the applicant’s EPR in both his original letter of support and subsequent withdrawal of support as if he were an uninvolved party in preparing the applicant’s report.   Under Air Force policy the indorser (additional rater) has a significant responsibility to ensure the ratee receives an accurate, unbiased, and uninflated report.  In this instance, the indorser has created much doubt as to whether this occurred.  As such, we believe this doubt should be resolved in favor of the applicant.  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 (AB thru TSgt), AF Form 910, rendered for the period 27 Jan 99 through 26 Jan 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 technical sergeant   (E-6) beginning with cycle 02E6.

If selected for promotion to technical 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 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-2003-01345 in Executive Session on 8 October 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 11 Apr 03, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPPEP, dated 14 Jul 03.
     Exhibit D.  Memorandum, AFPC/DPPPWB, dated 17 Jul 03.
     Exhibit E.  Letter, SAF/MRBR, dated 8 Aug 03.

                                   

AFBCMR BC-2003-01345

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 XXXXX, XXX-XX-XXXX, be corrected to show that the Enlisted Performance Report (AB thru TSgt), AF Form 910, rendered for the period 27 Jan 99 through 26 Jan 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 technical sergeant (E-6) beginning with cycle 02E6.

	If selected for promotion to technical 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 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.