RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00919 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Enlisted Performance Report (EPR) rendered for the period 12 November 2008 through 10 May 2009 be voided and removed from his records and his promotion line number to the grade of staff sergeant (E-5) be restored. _________________________________________________________________ APPLICANT CONTENDS THAT: His Driving under the Influence (DUI) incident occurred on 12 October 2008. His chain-of-command marked-down his off duty conduct section on his EPR closing 11 November 2008 and again on his EPR closing 10 May 2009. There was no intention to refer his 2009 EPR in the four submissions prior to the 09E5 promotion release. In support of his request, the applicant submits copies of a letter of support from his current commander; a memorandum from the Commandant, Airman Leadership School; his DUI court documents; several EPRs, Letter of Reprimand, EPR Referral notification, and his rebuttal to the referral EPR. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: According to the Military Personnel Data System (MilPDS) the applicant is currently serving on active duty in the grade of senior airman (E-4) with a date of rank of 1 January 2007. He has a Total Active Federal Military Service Date of 1 July 2004 and a projected date of separation of 3 June 2013. The following is a resume of the applicant’s EPR profile: PERIOD ENDING PROMOTION RECOMMENDATION 28 Feb 06 (A1C) 5 28 Feb 07 (SrA) 5 29 Feb 08 5 11 Nov 08 4 10 May 09* 3 12 Mar 10 5 * Contested report The remaining relevant facts, extracted from the applicant’s service records, are contained in the Air Force evaluations at Exhibits B and C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDEP recommends denial. DPSIDEP states the applicant filed an appeal through the Evaluation Reports Appeal Board (ERAB) under the provisions of Air Force Instruction 36-2401, Correcting Officer and Enlisted Evaluation Reports. He requested the contested report be removed because it had not been referred to him; however, the ERAB directed the report be referred to the applicant and the case was closed. The applicant provided a statement from his rater on his November 2008 EPR indicating she marked him down because he had been arrested and spent over night in jail; therefore, she felt it was best at that time to mark him down. Since the DUI took place during this reporting period (2008) it could have been mentioned, and the report could have been made a referral; however, the applicant received an overall “4” rating with no mention of the incident. On 26 March 2009, the applicant received a Letter of Reprimand (LOR) and Unfavorable Information File (UIF), which fell in the reporting period of the 2009 EPR. The rater did not mention the incident; however, the additional rater disagreed with the rater and mentioned the LOR, UIF, and DUI. Although the LOR/UIF was for an incident that took place in the reporting period of the November 2008 EPR, the LOR/UIF was given during the period of the 2009 EPR and; therefore, the additional rater’s actions were appropriate. DPSIDEP indicates that although originally the contested report was not referred, this error was corrected through the ERAB, the EPR has been since referred, and the applicant was given the opportunity to submit his rebuttal. The applicant has not shown any further error or injustice. The complete DPSIDEP evaluation is at Exhibit B. AFPC/DPSOE defers to the DPSIDEP recommendation. DPSOE states the applicant was considered and tentatively selected for promotion to staff sergeant during cycle 09E5 per promotion sequence number (PSN) 4560 which would have incremented 1 December 2009. However, when he received the referral report, it automatically cancelled his promotion in accordance with Air Force Instruction 36-2502, Table 1.1, Rule 22. Should the Board grant the applicant’s request to remove the referral report, it could direct the promotion to staff sergeant be reinstated with a date of rank and effective date of 1 December 2009. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 11 June 2010, for review and comment within 30 days (Exhibit D). As of this date, this office has received no response. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of 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. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-00919 in Executive Session on 10 November 2010 under the provisions of AFI 36-2603: The following documentary evidence for AFBCMR Docket Number BC- 2010-00919 was considered: Exhibit A. DD Forms 149, dated 3 Mar 10, w/atchs. Exhibit B. Letter, AFPC/DPSIDEP, dated 10 May 10. Exhibit C. Letter, AFPC/DPSOE, dated 14 May 10. Exhibit D. Letter, SAF/MRBR, dated 11 Jun 10.