RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03443 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His referral AF Form 910, Enlisted Performance Report (AB thru TSGT), rendered for the period 4 Dec 09 thru 3 Dec 10 be voided and his line number to staff sergeant (SSgt) for cycle 10E5 be reinstated. ________________________________________________________________ APPLICANT CONTENDS THAT: The letter of reprimand (LOR) and referral EPR he received are not the norm in the Air Force for first time fitness assessment (FA) failures. His rater was advised by the squadron superintendent that the referral enlisted performance report (EPR) he was preparing would not result in losing his line number to SSgt. He wore the SSgt stripe for a month and when he did not notice a change in his pay he contacted finance. Finance instructed him to contact the promotions section at the military personnel flight (MPF) for further guidance. The MPF advised him his line number was red lined in Dec 10 due to the referral EPR he received for FA failure. He was never informed of the action and wore the SSgt stripes for one month. After being told to remove the stripes, he suffered the embarrassment and the expense of their replacement. The system failed him by not informing him of such personnel actions. In support of his request, the applicant provides copies of his referral EPR, Air Force Fitness Management history, Referral memorandum and his acknowledgement, and electronic communiqué from the 86 CPTS/Finance Customer Service. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the Regular Air Force in the grade of senior airman. The following is a resume of his performance reports: Close Out Date Overall Rating 3 Dec 07 5 3 Dec 08 5 3 Dec 09 5 + 3 Dec 10 4 3 Oct 11 5 + Contested Report The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate offices of the Air Force at Exhibits C and D. ________________________________________________________________ THE AIR FORCE EVALUATION: HQ AFPC/DPSID recommends denial. DPSID states the applicant did not provide any evidence the evaluation was unjust or inaccurate as rendered. The applicant did not file an appeal under the provisions of AFI 36-2406, Officer and Enlisted Evaluation Systems, and AFI 36- 2401, Correcting Officer and Enlisted Evaluation Reports. The applicant’s belief that a referral EPR for a first-time FA failure is not the norm in the Air Force is incorrect. DPSID clarifies receiving a referral EPR is the norm when the evaluation closes out and an airman has either not passed the FA or has not completed the FA before the close-out of the evaluation. The applicant failed the FA almost five months before the close- out of the evaluation in question and had over four months from the time of his FA failure to overcome the deficiency. According to AFI 36-2905, Air Force Fitness Program, airmen are required to maintain fitness standards 365 days a year. Additionally, DPSID states the applicant’s responsibility to maintain fitness standards are clearly explained in the Professional Development Guide. According to AFI 36-2905, airman must test within 90 days of a failed FA. The applicant did not re-test within that time period and did not provide documentation that might prove a medical condition or some other factor that prevented him from taking the FA in a timely manner. The complete DPSID evaluation is at Exhibit C. HQ AFPC/DPSOE defers to DPSID’s recommendation regarding the removal of the applicant’s EPR. The applicant was considered and tentatively selected for promotion to SSgt during cycle 10E5. He received a promotion sequence number (PSN) 8991.0 which would have incremented on 1 May 11; however, receipt of the referral EPR rendered him ineligible for promotion in accordance with AFI 36-2502, Airman Promotion/Demotion Programs, Table 1.1, Rule 22. His line number to SSgt was subsequently removed. The complete DPSOE evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 29 Dec 11 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit E). ________________________________________________________________ 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 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 and adopt its 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 this application in Executive Session on 28 Feb 12, under the provisions of AFI 36-2603: The following documentary evidence was considered in AFBCMR BC- 2011-03443: Exhibit A. DD Form 149, dated 8 Jun 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 17 Nov 11. Exhibit D. Letter, AFPC/DPSOE, dated 21 Dec 11. Exhibit E. Letter, SAF/MRBR, dated 29 Dec 11.