RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-01512

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His Enlisted Performance Report (EPR) rendered for the period 14 May 2012 through 7 January 2013 be replaced with an updated EPR.

APPLICANT CONTENDS THAT:

The EPR that is currently in his records assessed his performance as a 4 (Referral) due to a failed fitness assessment.  However, he was later diagnosed with a medical condition that attributed to his failure.  He successfully appealed the fitness failure and had it removed from his records.  He appealed the 4 EPR through the ERAB and was denied twice because the new EPR did not have the same rater.  The EPR that is currently in his record was signed by the then AFSOC/CC, who was not his supervisor.  AFSOC policy at that time was for the AFSOC/CC to sign referral EPRs for personnel on his staff.  Therefore, his actual supervisor signed the EPR with a 5 rating. Additionally, his actual supervisor and the new AFSOC/CC signed a letter approving the EPR change.

The applicant’s complete submission, with attachments – to include statements from his rating chain approving the reaccomplished report, is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 7 March 1991.

On 31 July 2015, the applicant was relieved from active duty and retired on 1 August 2015 in the grade of senior master sergeant under the provisions of AFI 36-3203 (Voluntary Retirement:  Sufficient Service for Retirement) and was credited with 24 years, 4 months, and 24 days of active service.

AFPC/DPSIDE, per their memorandum dated 10 November 2015, informed the AFBCMR that the applicant’s EPR with a close-out date of 7 January 2013 was removed and replaced with an AF Form 77, Letter of Evaluation, which states: “Not rated for the above period.  Evaluation removed by order of the Chief of Staff, USAF.”

IAW AFI 36‐2406 Table 1.2, Note 1 states: “Do not redo evaluations more than 18 months old.”

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DPSIDE states there is no action required by their office due to the applicant filing an ERAB application and the request was approved on 23 June 2015.  The corrected EPR with a close-out date of 7 January 2013 was removed and replaced with an AF Form 77 that states: “Not rated for the above period.  The evaluation removed by order of the Chief of Staff, USAF.”  The applicant’s AF Form 77 was committed into his personnel file on 6 July 2015.

A complete copy of the AFPC/DPSIDE 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 12 November 2015 and 29 March 2016 for review and comment within 30 days (Exhibit D).  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.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a thorough review of the documentation submitted by the applicant and the evidence of record, we believe the applicant has provided sufficient evidence to raise doubt concerning the equity and accuracy of the contested report.  Given the unequivocal support from his rater and commander who states that there were no other performance indicators during the contested rating period and after a review of the documentation provided by the applicant which states that the applicant’s physician removed the fitness failure - the contested EPR should have been replaced with the reaccomplished report.  We note that the applicant filed an ERAB requesting the report be replaced with a reaccomplished report and the ERAB removed the contested report and replaced it with an AF Form 77 due to the report being more than 18 months old which is IAW AFI 36-2406 Table 1.2, Note 1.  However, based on the Table name, Missing and Late Evaluations, this reference is only applicable to reports that are late or missing.  The applicant’s EPR is not missing or late rather was based on erroneous information.  We further note the event that precipitated the referral report has been resolved and we believe that the AF Form 77 should now be replaced with the reaccomplished EPR.  In view of the foregoing, we recommend the records be corrected as indicated below.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that:

a.  The AF Form 77, Letter of Evaluation, for the period 14 May 2012 through 7 January 2013, be declared void and removed from his records.

b.  The reaccomplished Enlisted Performance Report (EPR) rendered for the period 14 May 2012 through 7 January 2013 be placed in his records in its proper sequence.

The following members of the Board considered AFBCMR Docket Number BC-2015-01512 in Executive Session on 10 May 2016, under the provisions of AFI 36-2603:

All members voted to correct the records pertaining to AFBCMR Docket Number BC-2015-01512 as recommended.  The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 7 April 2015, w/atchs.
  Exhibit B.  Applicant’s Available Master Personnel Record.
  Exhibit C.  Memorandum, AFPC/DPSIDE, dated 10 November 2015,
	            w/atch.
  Exhibit D.  Letters, AFBCMR, dated 12 November 2015 and
	            29 March 2016.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter with regard to AFBCMR Docket Number BC-2015-01512.