RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01578 INDEX CODE: 131.00 COUNSEL: NONE HEARING DESIRED: NOT INDICATED _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he was promoted to the grade of airman first class (A1C). _________________________________________________________________ APPLICANT CONTENDS THAT: He has paperwork showing he should have been promoted to A1C on 16 Aug 09. In support of his appeal, the applicant provides a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, and a memorandum from the 20th Logistics Readiness Squadron. Applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 16 Oct 07, the applicant contracted his enlistment in the Regular Air Force. He was promoted to the grade of airman, having assumed that grade effective and with a date of rank of 16 Apr 08. The applicant was eligible for promotion to A1C on 16 Feb 09; however, his commander placed his promotion on hold due to his substandard performance until 16 Aug 09. He received a referral enlisted performance report (EPR) for the period 16 Oct 07 through 15 Feb 09 for failing to adhere to Air Force standards. He was honorably discharged on 7 May 09. He served 1 year, 6 months and 22 days of active service. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOE recommends denial. DPSOE states the applicant was not eligible for promotion due to his receiving a referral EPR. DPSOE further notes even if the performance report were removed from his records, he would still be ineligible for promotion to A1C on 16 Aug 09, as he was no longer on active duty in the Air Force. The complete AFPC/DPSOE evaluation, with attachment, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 11 Jun 10, for review and comment within 30 days. 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. 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 opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our decision that the applicant has failed to sustain his burden of proof of the existence 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-2010-01578 in Executive Session on 23 Sep 10, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 22 Apr 10, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSOE, dated 21 May 10, w/atch. Exhibit E. Letter, SAF/MRBR, dated 11 Jun 10.