RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04557 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her AF Form 910, Enlisted Performance Report (AB thru TSgt), rendered for the period 21 Feb 09 through 3 Sep 09 be removed from her records. _________________________________________________________________ APPLICANT CONTENDS THAT: The rating she received on the performance report in question was due to a personality conflict between her and her rater. In support of her appeal, the applicant provides a personal statement and documents extracted from her military personnel records, which include documentation related to her similar appeal to the Evaluation Reports Appeals Board (ERAB). The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving on active duty in the grade of Staff Sergeant (SSgt). The applicant’s EPR profile as a SSgt is listed below: PERIOD ENDING OVERALL EVALUATION 15 Apr 05 5 20 Feb 06 5 20 Feb 07 5 20 Feb 08 5 20 Feb 09 5 *3 Sep 09 3 27 Apr 10 5 *Contested Report The applicant filed an appeal with the ERAB. However, the ERAB was not persuaded the contested report was inaccurate or unjust and denied her request. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial of the applicant’s request to void the contested report. In a worker-supervisor relationship, some disagreements are likely to occur since the worker must abide by a supervisor’s policies and decisions. Personnel who do not perform at expected standards or require close supervision may believe that an evaluator is personally biased; however, the conflict generated by this personal attention is usually professional rather than personal. The applicant has not provided any evidence showing the rater was unfavorably biased toward her, the alleged personality conflict prevented the evaluator from preparing a fair and accurate report, or the report in question was not rendered in good faith by all evaluators based on the knowledge available to them at the time. An evaluation report is considered to represent the rating chain’s best judgment at the time it is rendered. Once a report is accepted for file, only strong evidence to the contrary warrants correction or removal from the individual’s record. Notwithstanding the above, the through date and number of days supervision of the contested report are erroneous and should be administratively corrected to reflect “28 Aug 09” and “120 days,” respectively. The complete AFPC/DPSID evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 25 Feb 11 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). _________________________________________________________________ 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. After a thorough review of the facts and circumstances of this case, we believe the applicant has been the victim of an error or injustice. We note the comments of the Air Force office of primary responsibility, indicating the applicant has failed to sustain her burden of proof; however, we believe she has raised sufficient doubt regarding the equity and accuracy of the contested EPR. In this respect, we note the overall rating of the contested report represents a significant regression when compared to her performance history both prior and subsequent to the period under review; and there was no evidence of any adverse actions or misconduct on the part of the applicant. Therefore, in order to preclude the possibility of an injustice to the applicant, we believe it appropriate to resolve any doubt in her favor and recommend the contested report be declared void and removed from her records. Accordingly, we recommend her records be corrected as indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show the AF Form 910, Enlisted Performance Report (AB thru TSGT), rendered for the period 21 February 2009 through 3 September 2009 be declared void and removed from her records. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-04557 in Executive Session on 7 Sep 11, 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 17 Nov 10, w/atchs. Exhibit B. Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 24 Jan 11. Exhibit D. Letter, SAF/MRBR, dated 25 Feb 11.