RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-01758

 	COUNSEL: NONE

 	HEARING: NO

APPLICANT’S REQUEST.   His referral enlisted performance report (EPR) for the period ending 30 Nov 14 be removed from his records.  

APPLICANT’S CONTENTION.  The referral EPR was in violation of AFI 36-2406, Officer and Enlisted Evaluations, as it states he was charged with driving while intoxicated (DWI) off-base; however, his case had not gone to trial and he had not been convicted of any crimes.  The DWI was subsequently dropped without trial, penalty or concessions from him.  Unfortunately, the EPR was already a matter of record.  He was also administratively demoted for the same offense.    The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS.  The applicant retired as a staff sergeant (SSgt) on 1 Dec 17.

The applicant received a referral EPR for the period ending 30 Nov 14.  The reason for the referral EPR was he was charged with an off base DWI by civil authority for which he received a letter of reprimand (LOR) and unfavorable information file (UIF).  

Per Special Order P-002 dated 2 Mar 15, he was administratively demoted from technical sergeant (TSgt) to SSgt with date of rank and effective date of 19 Dec 14.   

On 16 Nov 15, the charge of DWI was dismissed by the State of New Mexico.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION.  AFPC/DP3SP recommends denial.  He has not provided compelling evidence to substantiate the EPR was unjust or inaccurate as written.  The applicant filed an appeal through the Evaluation Report Appeals Board (ERAB) per AFI 36-2406 which was denied.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION.  The Board sent a copy of the Air Force evaluation to the applicant on 27 Feb 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES:

1.  The application was timely filed.  

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.  

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board concurs with AFPC/DP3SP and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  

THE BOARD RECOMMENDS:  The APPLICANT be informed that the evidence did not demonstrate material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION: The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered AFBCMR Docket Number BC-2017-01758 in Executive Session on 27 Mar 18:

 , Panel Chair
 , Panel Member
 , Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A: Applicant’s application, DD Form 149, dated 30 Mar 17, w/atchs.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, AFPC/DP3SP, dated 16 Feb 18.
Exhibit D: Notification of Advisory, SAF/MRBC to applicant, dated 27 Feb 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.