RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-02048
		INDEX CODE:  131.09

		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

She be promoted to the grade of master sergeant, with an appropriate effective date, and be provided any other remedies the Board deems just and fair.

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APPLICANT CONTENDS THAT:

A letter of explanation that was sent to the Quality Review Panel (QRP) regarding an unfavorable Enlisted Performance Report (EPR), which has been removed by the Air Force Board for Correction of Military Records (AFBCMR), does not appear to have been in her record when it was reviewed by the panel.

She believes that the availability of the letter would have mitigated the impact that the unfavorable EPR had on the panel, making it a critical component of her record.

She missed the promotion cut-off score by the narrow margin of one-half (1/2) of a point.  She believes that her total score would have surpassed the cut-off score had the panel been allowed to view her letter of explanation.

In support of her appeal, the applicant provided an expanded statement, the letter of explanation to the QRP, and documentation pertaining to the correction of her military records by the Board.

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

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STATEMENT OF FACTS:

Information extracted from the Personnel Data System (PDS) indicates that the applicant is currently in the Air Force Reserve as a medical services specialist.

On 23 Apr 03, the AFBCMR considered and granted an appeal pertaining to the applicant, directing that her EPR closing 4 Aug 99 be voided and removed from her records; and, that she be promoted to the grade of technical sergeant effective and with a date of rank of 1 Sep 99.

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AIR FORCE EVALUATION:

ARPC/SG recommended denial indicating that the applicant's case is based on their inability to produce the letter at this time.  Receipt confirmation of the letter was established by the applicant and procedures were followed which resulted in all letters sent to the QRP being placed in the appropriate personnel files.  The applicant was deemed not qualified for reassignment to a higher graded position, as were fourteen other members of her specialty.  The destruction of all letters after completion of review and scoring of all records was an untimely but inconsequential error by an inexperienced staff member.

A complete copy of the ARPC/SG evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant provided a detailed response indicating that because there was no evidence that her letter of explanation was in her records when they were reviewed by the QRP, the information it contained had already proven to be compelling, and because she has evidence of a pattern of errors, she requests favorable consideration of her appeal.

Applicant's complete response, with attachment, is at Exhibit D.

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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 error or injustice.  We note that the applicant's record was reviewed by the QRP and she was considered not qualified for reassignment to a higher graded position.  The applicant contends that a letter of explanation that was sent to the QRP regarding an unfavorable EPR, which was removed by the AFBCMR, did not appear to have been in her record when it was reviewed.  ARPC/SG indicated the applicant confirmed receipt of the letter, but that the letter was inadvertently destroyed at the conclusion of the QRP.  In view of ARPC/SG's inability to produce the letter, we believe any doubt concerning the impact the letter of explanation may have had on the QRP's determination that she was not qualified for reassignment to a her graded position should be resolved in favor of the applicant.  Notwithstanding this, we are not inclined to recommend her promotion to the grade of master sergeant as she has requested.  In our opinion, proper and fitting relief in this case would be to have the QRP again consider the applicant's record.  However, we do not believe including the letter of explanation in her record would now be appropriate since it appears that the referenced EPR has been removed from her records.  Accordingly, we recommend that the applicant's 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 supplementally considered by a Quality Review Panel for her reassignment to a higher graded position; and, that if her letter of explanation is discovered, it not be included in her record.

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The following members of the Board considered AFBCMR Docket Number BC-2003-02048 in Executive Session on 26 Aug 03, 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 11 Jun 03, w/atchs.
     Exhibit B.  Letter, ARPC/SG, dated 3 Jul 03.
     Exhibit C.  Letter, SAF/MRBR, dated 18 Jul 03.
     Exhibit D.  Letter, applicant, dated 30 Jul 03, w/atch.

AFBCMR BC-2003-02048

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 , be supplementally considered by a Quality Review Panel for her reassignment to a higher graded position; and that, if her letter of explanation is discovered, it not be included in her record.