RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-01868

  	COUNSEL: NONE
	
	HEARING: YES

APPLICANT REQUESTS THAT:

His Enlisted Performance Report (EPR) for the period of 1 Dec 14 through 30 Nov 15 be removed from his records.

APPLICANT CONTENDS THAT:

His supervisor accused him of being dishonest about requesting leave, which was not true and there is no evidence to support such a claim.  The only chance he had to refute this accusation was after he received the referral report.  He did not receive any feedback nor was he counseled about his performance.  He provides a copy of his LeaveWeb history to show his actions in support of his request.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the grade of technical sergeant.    He filed an appeal through the Evaluation Report Appeals Board (ERAB); however, his request was denied.  The applicant was not promotion eligible, so the ERAB directed the removal of the promotion statement in the referral report.  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 denying the application.  It appears the referral report was accomplished in direct accordance with all applicable Air Force policies and procedures. Although the ERAB denied relief to void the referral EPR, they directed removal of the Promotion Recommendation in section IX, block 6 (PROMOTION RECOMMENDATION), as the applicant was not promotion eligible during the contested reporting period.  Nevertheless, he has provided insufficient documentation to prove his assertions that the contested evaluation was rendered unfairly or unjustly.  In addition, he has provided insufficient information from the rating officials on the contested report.  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 8 Mar 18 for comment (Exhibit D), and the applicant replied on 30 Mar 18.  In his response, the applicant contends he never once changed a leave request from “conus” to “o-conus” and implores the Board to look at all the Leave Web screen shots to prove his point.  He also notes that the advisory opinion states that he never received feedback nor was he counselled, which is why he did not sign the EPR in question.  The applicant’s complete response is at Exhibit E.

THE BOARD CONCLUDES THAT:

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 the rationale and recommendation of AFPC/DP3SP and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to the Board’s understanding of the issue involved.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

The application was adjudicated without a personal appearance.

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 Docket Number BC-2017-01868 in Executive Session on 25 Apr 18:

, Panel Chair 
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 7 Aug 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SP, dated 4 Mar 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 8 Mar 18.
Exhibit E.  Applicant’s Rebuttal, dated 30 Mar 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 pertaining to Docket Number BC-2017-01868.