RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER:  01-00364
			INDEX CODE:  112.05
			COUNSEL:  NONE

			HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Enlisted Performance Report (EPR) for the period 8 Aug 98 through 29 Jun 99 be declared void and removed from his record.

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APPLICANT CONTENDS THAT:

Administrative errors were made in processing the performance report.  Overemphasis was placed on a single isolated incident.  Two different legal offices have provided contradicting interpretations of the same regulation.  Additionally, the overemphasis of the single isolated incident has effectively ended his promising career.  If the report stands as is, it would truly represent a “One Mistake Air Force.”  He has paid his dues for the unfortunate mistake and only wishes to put it behind him and be a productive member of the Air Force.

In support of his application, the applicant submits copies of an AF Form 948; Application for Correction/Removal of Evaluations Reports dated 19 June 2000 and 2 October 2000 with attachments and his EPRs as a senior non-commissioned officer.  Included in this submission are supportive statements from his current commander, first sergeant, and unit chief enlisted manager (Exhibit A).

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STATEMENT OF FACTS:

The applicant contracted his initial enlistment in the Regular Air Force on 6 May 1982.  He has continued to serve on active duty, entering his most recent enlistment on 13 Jan 1999, when he reenlisted for a period of six years.  He is currently serving in the grade of master sergeant, having been promoted to that grade with an effective date and a date of rank of 1 July 1995.  The following is a resume of his EPR ratings, commencing with the report closing 11 Jan 1994.

	PERIOD ENDING	PROMOTION RECOMMENDATION

		 1 May 94				5
		 1 May 95				5
		 1 May 96				5
		 1 May 97				5
		 1 May 98				5
	* 29 Jun 99				2
		29 Jun 00				5
		16 Mar 01				5

Note: * Contested Report.  A similar appeal by the applicant was considered and denied by the Evaluation Report Appeal Board.

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AIR FORCE EVALUATION:

The Performance Evaluation Section, AFPC/DPPPEP, indicated the applicant was arrested and charged with Driving Under the Influence (DUI) on 17 April 1999.  His commander presented him with an Article 15, Nonjudicial Punishment, on 29 June 1999.  Although the Article 15 was finalized after the closeout date of the EPR, the fact remains he received the Article 15 and signed for it before the report closed out.  Additionally, HQ AFPC granted an extension of the closeout date for the sole purposes of allowing evaluators to include the information in the applicant’s report.  DPPPEP believes that to remove the report would make the applicant’s record incomplete and, inasmuch as the applicant has not provided any information from his rating chain supporting his request to void the report, DPPPEP recommends the request be denied (Exhibit C).

The Enlisted Promotion and Testing Branch, AFPC/DPPPWB, while not directly commenting on whether the report should be removed, indicated what course of action could be followed with respect to the applicant’s promotion considerations should the Board approve the applicant's request (Exhibit D).

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force Evaluations were forwarded to the applicant for review and response.  As of this date, this office has received no response (Exhibit E).

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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 probable error or injustice.  After reviewing the documentation submitted, we are convinced that the EPR should be removed from the applicant's record.  The Board took note of the AWFC/JA opinion that Articles 15 are not officially imposed until the commander concludes that the member committed one or more of the alleged offenses and notes that decision by checking block six and signing block 8 on AF Form 3070.  The Staff Judge Advocate further indicates that the Article 15 offered to the applicant on 29 June 1999 was not imposed until 1 July 1999 and therefore was not complete on 29 June 1999. Inasmuch as the Article 15 offered the applicant was not complete on 29 June 1999, we are of the opinion that any reference to the Article 15 in the applicant’s Enlisted Performance Report rendered for the period 8 August 1998 through 29 June 1999 was inappropriate.  In view of the above and the totality of the circumstances of this case, we believe this matter should be resolved in the applicant's favor.  Accordingly, we recommend that his 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 Senior Enlisted Performance Report (MSgt thru CMSgt), AF Form 911, rendered for the period 2 May 1998 through 29 June 1999 be declared void and removed from his records.

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The following members of the Board considered this application in Executive Session on 30 May 2001, under the provisions of AFI 36‑2603:

Panel Chair
Member
Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 31 Jan 01 w/atchs.
     Exhibit C.  Letter, AFPC/DPPPEP, dated 27 Mar 01.
     Exhibit D.  Letter, AFPC/DPPPWB, dated 15 Feb 01.
     Exhibit E.  Letter, SAF/MIBR, dated 6 Apr 01.

AFBCMR 01-00364

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 APPLICANT, be corrected to show that the Senior Enlisted Performance Report (MSgt thru CMSgt), AF Form 911, rendered for the period 8 August 1998 through 29 June 1999 be, and hereby is, declared void and removed from his records.

                                                                            
                                                                            Director
                                                                            Air Force Review Boards Agency