RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER: BC-2016-00132

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His Enlisted Performance Report (EPR), rendered for the period 29 May 2014 through 30 November 2014, be removed from his record.

APPLICANT CONTENDS THAT:

Procedures were not followed leading to an erroneous EPR.  The contested EPR does not accurately display what he has accomplished during his time in the Air Force.  Bullets within his report were not something that he contributed to; therefore, the report should be removed.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the grade of technical sergeant.

The applicant did file an appeal through the Evaluation Report Appeals Board (ERAB) under the provisions of AFI 36-2406, Officer and Enlisted Evaluation Systems, 2 Jan 2013; however, the ERAB denied the applicant’s request to void the report.

For more information, see the memorandum prepared by the Air Force office of primary responsibility at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2SPE recommends denial, indicating there is no evidence of an error or an injustice.

The app1icant did not provide sufficient documentation to support that the bullets in question were unjust or wrong.  He provided screen shots of leave dates and e-mails, however, this alone does not support the member’s claim that he did not provide support leading up to the events documented on the report.  Memorandums from the applicant’s rating chain that explain the sequence of events that lead to the comments input on the report are conspicuously absent.  IAW AFI 36-2406, paragraph 10.2.4.6, “the board will not consider nor approve requests to change an evaluator’s ratings or comments if the evaluator does not support the change.  When an evaluator supports the change, all subsequent evaluators must also agree to the changes.”  In addition, paragraph A2.3 states “the most effective evidence consists of statements from the actual evaluators who signed the contested evaluation.  These statements should cite important facts or circumstances that were unknown when the evaluators signed the report; Detail the error or injustice; Explain how and when it was discovered; Include the correct information; Relate to the contested reporting period; Address the allegations and substantially challenge or disprove comments or ratings in the report.”

The applicant has provided insufficient documentation to prove his assertions that the contested evaluation was rendered unfairly or unjustly.  Air Force policy is that an evaluation report is accurate as written when it becomes a matter of record.  Additionally, it is considered to represent the rating chain’s best judgment at the time it is rendered.  To challenge an evaluation effectively, it is necessary to hear from all members of the rating chain - not only for support, but also for clarification and explanation.  The applicant has provided insufficient information from the rating officials on the contested report.  It appears the report was accomplished in accordance with all applicable Air Force policies and procedures.  Once a report is accepted for filing, only strong evidence should warrant correction or removal from an individual’s record, and the burden of proof should be on the applicant.  Unfortunately, this applicant has not substantiated that the contested report was not rendered accurately and in good faith by all evaluators based on knowledge available at the time.

A complete copy of the AFPC/DP2SPE 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 14 July 2016 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  The applicant has provided sufficient evidence to demonstrate an error or injustice.  After a thorough review of all Exhibits, we believe there is preponderant evidence to doubt the equity and accuracy of the contested report.  We note that an event the contested report indicates the applicant participated in appears to have occurred when he was not on station.  The applicant has provided a screen shot of his Leave Web – User Profile, which shows he was on leave from 4 August 2014 through 22 August 2014; this period covers an event his supervisor stated he participated in on 15 August 2014.  Therefore, the contested EPR is more likely than not erroneous and should be removed from his record.  In view of the foregoing, we recommend his record 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 that the AF Form 910, Enlisted Performance Report (AB thru TSgt), for the period 29 May 2014 through 30 November 2014, be declared void and removed from his records.

The following members of the Board considered AFBCMR Docket Number BC-2016-00132 in Executive Session on 16 May 2017 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 15 December 2015, w/atchs.
	Exhibit B.  Applicant’s Available Master Personnel Record.
	Exhibit C.  Memorandum, AFPC/DP2SPE, dated 12 July 2016.
	Exhibit D.  Letter, AFBCMR, dated 14 July 2016.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), I certify that a quorum was present at the Board’s deliberations and that the foregoing is a true and complete record of the Board’s proceedings.