RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-00777
		INDEX CODE:  111.05
		COUNSEL:  NONE

		HEARING DESIRED:  YES

MANDATORY COMPLETION DATE:  14 OCTOBER 2008

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APPLICANT REQUESTS THAT:

His Enlisted Performance Report (EPR) for the period 30 Jul 2001 thru 29 Jul 2002 be amended or removed from his records.

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APPLICANT CONTENDS THAT:

The last three bullets on his 30 Jul 01 thru 29 Jul 2002 EPR are duplicate bullets of the 5th, 6th, and 7th bullets in his 30 Jul 2000 thru 29 Jul 2001 EPR.  The feedback information on the report incorrectly states he was given feedback during a time he had just completed the Military Working Supervisor’s Course. He was not available for feedback; therefore, feedback was not done.   The use of previous accomplishments impacted his overall ratings on the front of the report.  

This report will be a part of his Senior Noncommissioned Officer (SNCO) board for the next testing cycle.  

In support of the application, the applicant submits copies of his EPRs for the periods in question.

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

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STATEMENT OF FACTS:

The applicant is currently serving on active duty in the grade of master sergeant (E-7) with a date of rank of 1 Mar 06.  

A resume of his last 10 EPRs follows:

Closeout Date		Overall Rating

 10 Jun 97			5
 10 Jun 98			5
 10 Jun 99			5
 29 Jul 00			5
 29 Jul 01			5
*29 Jul 02			5
 29 Jul 03			5
 01 Jul 04			5
 01 Jul 05			5
 01 Jul 06			5

*Contested Report.

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit (C). 

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AIR FORCE EVALUATION:

HQ AFPC/DPPPEP recommends denial.

DPPPEP states the applicant did not file an appeal under the provisions of AFI 36-2401, Correcting Officer and Enlisted Evaluation Reports, 20 Feb 04.  

DPPPEP notes AFI 36-2406, paragraph 3.7.6 states, “Do not include comments regarding events which occurred in a previous reporting period, unless the events add significantly to the evaluation report, were not known to and considered by the previous evaluators, and were not previously reflected in an evaluation report.”  This reference does not apply to the applicant’s case, because he was deployed to the same location during both reporting periods.  DPPPEP opines that the evaluators referenced significantly different accomplishments on both reports and that the comments are accurate reflections of performance during the reporting periods.  The applicant was deployed to Timor for a portion of both reporting periods and the reports were processed in direct compliance with current regulations.

DPPPEP points out AFI 36-2406 states, “While documented feedback sessions are required by this instruction, 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), will not of itself, invalidate any subsequent performance report.  No evidence was presented to validate the applicant’s claim; however, lack of documented feedback is not cause to void an evaluation.  Evaluations should not be voided when they can be corrected administratively.  

If the Board finds in favor of the applicant, DPPPEP recommends either the original raters be required to submit new bullets or only the specific comments highlighted by the applicant be removed.  In regard to the feedback date, DPPPEP recommends removing the feedback date from the 2002 report and adding the statement “Feedback was not accomplished during this rating period.”

The complete DPPPEP evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 27 Apr 07 for review and comment within 30 days.  As of this date, this office has received no response (Exhibit D).

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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.  Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  We carefully considered the applicant’s complete submission in judging the merits of the case; however, we are not persuaded that the contested report should be removed from his records.  Other than his own assertions, the applicant has not provided sufficient evidence to substantiate the contested report was improperly rendered.  We defer to AFPC/DPPPEP on the administrative correction taken on the corrected feedback report.  Therefore, in the absence of compelling evidence to the contrary, we find no basis to grant the relief sought in this application.  

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.

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THE BOARD DETERMINES THAT:

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

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The following members of the Board considered AFBCMR BC-2007-00777 in Executive Session on 28 June 2007, under the provisions of AFI 36‑2603:

Panel Chair
Member
Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Mar 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPEP, dated 19 Apr 07.
    Exhibit D.  Letter, SAF/MRBR, dated 27 Apr 07.

                                   
                                   Panel Chair