RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-00459 

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His referral Enlisted Performance Report (EPR) for the reporting period of 7 Apr 14 through 31 Mar 15, be “re-rated” to a non-referral.

APPLICANT CONTENDS THAT:

He received a “4” referral performance report for being Absence without Leave, and for being placed on a control roster.

Following his traumatic car accident on l5 Sep l4, he was released to his First Sergeant on 22 Sep l4.  On 29 Sep l4 he was verbally counseled for leaving his post 30 minutes early, without notification, to settle his claim with USAA concerning the totaling of his car.  He was unaccounted for more than 24 hours. 

No paperwork was issued to support the claims of his leadership and none exists.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 7 Aug 12.

On 24 Jan 17, the applicant was furnished a General (Under Honorable Conditions) discharge, and was credited with 4 years, 5 months, and 18 days of active service.   

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/DP3SP recommends denial indicating there is no evidence of an error or an injustice. 

It appears the report was accomplished in direct accordance with all applicable Air Force policies and procedures.  Once a report is accepted for file, only strong evidence to the contrary should warrant correction or removal from an individual's record and the burden of proof should be on the applicant.  To effectively challenge an evaluation, there must be clear evidence that the original evaluation was unjust or wrong.  The applicant is responsible for submitting documentation which meets a specific criteria: credible, relevant, and believable.  It is necessary to hear from the member's rating chain, not only for support, but also for clarification/explanation.  Supporting statements must have dates and signatures, and must relate specifically to the period of the contested report.  The applicant has not provided sufficient information from the rating officials on the contested report, and has not substantiated that the contested report was not rendered accurately and in good faith by all evaluators based on knowledge available at the time.

A complete copy of the AFPC/DP3SP evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 14 Aug 17 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.  Insufficient relevant evidence has been presented to demonstrate the existence of an 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2016-00459 in Executive Session on 7 Nov 17 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-00459 was considered:

	Exhibit A.  DD Form 149, dated 8 Dec 15, w/atchs.
	Exhibit B.  Excerpts from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, undated.
	Exhibit D.  Letter, AFBCMR, dated 14 Aug 17.
	
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.