RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04541 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: The Air Force Form 910, Enlisted Performance Report (EPR), rendered for the period of 31 Mar 07 to 30 Mar 08, be declared void and removed from his records. ________________________________________________________________ APPLICANT CONTENDS THAT: His EPR is unjust and should be removed from his official record because: 1. He was given no midterm or daily feedback on his performance. 2. He was working in a hostile environment for a commander who was trying to force him out of the Air Force without reason. 3. Two statements on the EPR in question are false or misleading, and the EPR bullets are inconsistent with the rating. In support of his appeal, the applicant provides a personal statement, documents purporting to highlight the lack of feedback and hostile work environment, a memo addressing an Inspector General complaint he filed, and several of his EPRs. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant currently serves in the Regular Air Force in the grade of technical sergeant. He has served since 31 Mar 06 with the U.S. Air Force at Langley AFB, VA. On 27 Mar 08, the applicant’s supervisor referred the contested EPR to him due to a rating of Does Not Meet Standards in Section II, Item 3, Fitness. The applicant subsequently submitted an undated rebuttal memo concerning the EPR to his Additional Rater. On 6 May 08, the Additional Rater, signed a Letter of Evaluation (Supplemental Sheet) stating he carefully considered the applicants comments to the referral EPR. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force offices of primary responsibility (OPRs) which are attached at Exhibit C and Exhibit D. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial, indicating there is no evidence of an injustice. AFI 36-2401, Correcting Officer and Enlisted Evaluation Reports, 10 Mar 06, states that lack of counseling or feedback, by itself, is not sufficient to challenge the accuracy or justness of a report. A rater’s failure to conduct a required or requested feedback session, or document the session of a Performance Feedback Worksheet, will not, in itself, invalidate any subsequent performance report. At the time the applicant claims his commander was trying to force him out of the Air Force, the applicant had not even applied for reenlistment. In fact, his commander approved his reenlistment on 4 Nov 08. The applicant contends that the EPR in question contains statements that are false or misleading, and the EPR bullets are inconsistent with the rating. An evaluation report is considered to represent the rating chain’s best judgment at the time it was rendered. He has not substantiated the contested report was not rendered in good faith by all evaluators based on knowledge available at the time. Notwithstanding the above, the EPR in question does contain an inappropriate bullet in Section III, Block 2, Bullet 2, that should be removed from the EPR. Although the bullet in Section III may be inappropriate, the applicant has not proved that the EPR is unjust. A complete copy of the AFPC/DPSID evaluation, with attachments, is at Exhibit C. AFPC/DPSOE advises that the applicant tested for 09E7 master sergeant (MSgt) promotion cycle, however, the fact that he received a referral OPR for the period 31 Mar 07 to 30 Mar 08 rendered him ineligible for promotion consideration. He was considered and nonselected for promotion to MSgt during cycle 10E7. Based upon the ERAB-directed removal of the 30 Mar 09 EPR, the applicant will be supplementally considered for promotion to MSgt for promotion cycle 10E7. A complete copy of the AFPC/DPSOE evaluation is at Exhibit D ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant indicates that he was not prepared to take the fitness assessment in question. While he was exempt from fitness testing for a period of time, a medical review board returned him to duty status with restrictions, one of which was that he would take the bike test rather than the run test and be exempt from sit ups. He had no say in the process. He asked for leniency, but none was given. While he did fail his fitness test, he showed significant improvement when he took the test again, and ultimately passed the test the following year when his profile expired. In support of his response, the applicant provides a supporting statement from his Senior Enlisted Advisor at the time attesting to the hostile work environment, information pertaining to his physical fitness, and an excerpt from his service medical record. A complete copy of the applicant’s response is at Exhibit E. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. The applicant contends his EPR for the period of 31 Mar 07 to 30 Mar 08 should be removed from his official records. After a thorough review of the evidence of record and the applicant’s complete submission, we believe a preponderance of the evidence supports corrective action. In this respect, we note the inappropriate bullet in the EPR in question, the lack of feedback provided to the member, and give particular weight to the letter of testimony from the retired Chief Master Sergeant and the applicant’s Senior Enlisted Advisor at the time who strongly urges removal of the referral EPR. Therefore, we recommend his records be corrected as indicated below. 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. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to be corrected to show that the Enlisted Performance Report (AB thru TSgt), AF Form 910, rendered for the period 31 Mar 2007 through 30 Mar 2008 be, and hereby is, declared void and removed from his records. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-04541 in Executive Session on XXX, 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 16 Nov 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 10 May 11. Exhibit D. Letter, AFPC/DPSOE, dated 24 May 11. Exhibit E. Letter, Applicant, undated.