RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04149

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS:

The final bullet in Block VI, Additional Rater’s Comments, of his enlisted performance report covering the period 10 Jul 14 through 31 Jan 15 be changed to reference his promotion to Technical Sergeant (TSgt) instead of Staff Sergeant (SSgt).

APPLICANT CONTENDS:

He had been selected for promotion to TSgt the year before the EPR was signed, and he was promoted soon after, on 1 Apr 15.

The applicant’s complete submission, with attachment, is at Exhibit A.

STATEMENT OF FACTS:

The applicant currently serves on active duty in the grade of TSgt. 

According to the Air Force Personnel Center promotion website, the applicant was selected for promotion to the grade of TSgt on the calendar year 2014 E-6 promotion board, and the promotion results were publically released on 16 Jun 14.  

On 13 Feb 15, the applicant was issued an EPR covering the period 10 Jul 14 through 31 Jan 15, in which the following bullet appeared in Block VI:

-	Awd’d 97 OG Vol OTY! Surpassed peers, exceeded expectations & standards—SSgt promotion well deserved. 

On 28 Apr 16, the applicant applied to the Evaluation Report Appeals Board (ERAB) to have his EPR covering the period 10 Jul 14 through 31 Jan 15 changed to reference his promotion to TSgt instead of SSgt.  On 6 Jul 16, 30 days after the ERAB requested additional information, the ERAB automatically closed the applicant’s case because he had not provided the requested information.  

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/DPSID recommends denial indicating there is no evidence of an error or an injustice.  The applicant currently has a case pending with the Evaluations Review and Appeals Board (ERAB) for the same issue.  The ERAB appeal case will need to be resolved prior to filing any AFBCMR appear concerning the same issue, if needed.  Recommend denying based upon the applicant’s failure to exhaust all administrative remedies. 

A complete copy of the AFPC/DPSID evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In further support of his request, the applicant submitted a rebuttal to the Air Force evaluation in which he claims he tried the ERAB multiple times but the system would not allow him to get past step 3 of the process.  He will continue to try the ERAB, but would like his AFBCMR case to continue.

THE BOARD CONCLUDES:

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 an injustice.  After a thorough review of the evidence of record and the applicant’s complete submission, we believe the applicant is the victim of an error.  While we note AFPC/DPSID’s comment indicating relief should be denied because the applicant failed to exhaust all available administrative remedies, we believe a preponderance of the evidence substantiates corrective action is warranted.  In this respect, we note on 2 Jul 16 the ERAB closed the applicant’s case without rendering a final decision.  Given the applicant was a TSgt-select on the date the EPR in question was accomplished; the EPR references his TSgt-select status in one EPR bullet, then incorrectly references his status as a SSgt-select in an ensuing bullet; and, the applicant applied to the ERAB and identified the clear typographical error prior to applying to the AFBCMR, the Board is convinced correction of the error is clearly warranted.  Therefore, we recommend the applicant’s records be corrected as indicated below.  

THE BOARD RECOMMENDS:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to change the final bullet in Block VI, Additional Rater’s Comments, on his enlisted performance report covering the period 10 July 2014 through 31 January 2015 to read:  “Awd’d 97 OG Vol OTY! Surpassed peers, exceeded expectations & standards—TSgt promotion well deserved!”

The following members of the Board considered AFBCMR Docket Number BC-2015-04149 in Executive Session on 22 Sep 16, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

All members voted to correct the records as recommended.  All The following documentary was considered:

	Exhibit A.  DD Form 149, dated 16 Sep 15, w/atch.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSID, dated 9 May 16.
	Exhibit D.  Letter, SAF/MRBR, dated 10 May 16.

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 the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.