RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02101
		(CASE 1)
		INDEX CODE:  110.03

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be reinstated to active duty effective 1 Jun 98, with back pay and benefits.

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APPLICANT CONTENDS THAT:

He was not selected for an Active Guard Reserve (AGR) position based on the fact that he did not have Enlisted Performance Reports (EPRs) accomplished in a timely manner.

In support of his appeal, the applicant provided extracts from his military personnel records, including copies of his EPRs, and other documents associated with the matter under review.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Air Force Reserve on 20 Feb 86 for a period of four years, in the grade of sergeant.  He was ordered to extended active duty on 1 Jun 94 for 48 months.  On 31 May 98, he was released from active duty and transferred to the Air Force Reserve.  As of retirement year ending 23 Jun 98, he was credited with 15 years of satisfactory federal service for retirement.

Information extracted from the Personnel Data System (PDS) indicates that the applicant was voluntarily ordered to extended active duty on 26 Sep 01.  He is currently serving on active duty in the grade of senior master sergeant.

Applicant's Enlisted Performance Report (EPR) profile follows:

	PERIOD ENDING	EVALUATION

	 1 Sep 94		5 (NON-EAD)
	31 May 98		5 (STAT TOUR)
	28 Mar 01		5 (NON-EAD)

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AIR FORCE EVALUATION:

ARPC/CV recommended denial.  According to ARPC/CV the AGR program was still a specified period of time contract during the 1997/1998 timeframe with no guarantee of continuation in the same position or selection to a new one.  During this time, EPRs were an optional item of the AGR application and included at the discretion of the applicant.  It would not have impacted the selection or nonselection if not included.  While the applicant’s performance at the National Personnel Records Center (NPRC) was excellent, another applicant was selected to fill the position, as was the ARPC Commander’s option.

ARPC/CV indicated that when the applicant’s supervisor assumed the duties as his supervisor in Jan 97, she inquired about accomplishing an EPR, however, she was erroneously advised concerning the requirement for an EPR.  Since there were no EPRs written since 30 May 94, she accomplished an EPR for the period 31 May 94 through 31 May 98.  

According to ARPC/CV, the applicant chose not to apply for any of the advertised AGR vacancies outside of the St. Louis area during that time.  An announcement for the NPRC AGR position was released again this summer and the applicant submitted his application.  He was selected for the position and was notified.  He started his new AGR tour on 26 Sep 01.

A complete copy of the ARPC/CV evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the advisory opinion and indicated that no annual EPRs from 1994 to 1998 jeopardized any chances for fair treatment or consideration of the AGR position in St. Louis in 1998, or the AGR position at Scott AFB earlier in 1998.  The only way his supervisor attempted to correct the problem was by combining all four years into one grossly late report delivered to his home address late in Aug 98.  Any assignments that he applied for inquired about the situation.  This has tarnished his job opportunities with the Air Force, since everyone else on active duty receives annual reports for his time and grade in the system.  The lack of evaluations left him with a loss of income of over $100,000 without medical, dental benefits, and no chances for promotion.

Applicant’s complete response and additional documentary evidence is at 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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  No evidence has been presented which has shown to our satisfaction that the decision not to extend his AGR tour was based on his EPRs or the lack thereof, but rather was the result of command discretion regarding AGR tours.  We find no abuse of that discretionary authority.  In view of the foregoing, and in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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 this application in Executive Session on 12 Dec 01, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 23 Jul 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/CV, dated 10 Sep 01.
    Exhibit D.  Letter, SAF/MIBR, dated 14 Sep 01.
    Exhibit E.  Letter, applicant, dated 21 Sep 01, w/atchs.