RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-02512 INDEX CODE: 131.05 XXXXXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO __________________________________________________________________ APPLICANT REQUESTS THAT: His referral Enlisted Performance Reports (EPRs) closing 15 April 2005 and 15 September 2005 be expunged from his records. In addition, his date of rank (DOR) to technical sergeant (TSgt) (E- 6) be changed to 1 June 2005 rather than 1 September 2005. __________________________________________________________________ APPLICANT CONTENDS THAT: His referral EPRs should be removed because he did not receive performance feedback during the reporting periods and his rater had a personal vendetta against him. In support of his application, the applicant provided copies of his Inspector General complaint, dated 25 October 2005; his referral EPR closing 15 September 2005; notification of referral EPR; his rebuttal to the referral EPR; notification of promotion deferral; performance feedback worksheet; notifications of discrepancies in performance; Letter of Reprimand (LOR); his rebuttal to the LOR; numerous work correspondence and communications; numerous character references and witnesses; numerous memorandums for record (MFRs); and EPRs. The applicant’s complete submission, with attachments, is at Exhibit A. __________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving on active duty in the grade of TSgt with a DOR of 1 September 2005. He has a Total Active Federal Military Service Date of 1 March 1995 and a projected date of separation of 3 December 2010. On 12 May 2005, the applicant received an LOR for failing to satisfactorily fulfill his responsibilities as the point of contact for the Battlefield Airman Management System. Following his acknowledgment of the commander’s notification, the applicant submitted a statement in his own behalf on 15 May 2005. On 25 May 2005, his commander notified the applicant that his promotion selection to the grade of TSgt was deferred due to his supervisor’s findings of poor duty performance. On 12 October 2005, his commander notified the applicant of his intent to refer his EPR closing 15 September 2005. Following his acknowledgment to the commander’s notification, the applicant submitted a statement in his own behalf on 18 October 2005. The following is a resume of the applicant’s EPR profile: PERIOD ENDING PROMOTION RECOMMENDATION 31 Oct 97 5 31 Oct 98 5 28 Jul 99 5 01 Mar 00 5 17 Oct 00 5 21 Oct 01 5 21 Oct 02 5 05 Oct 04 5 15 Apr 05* 3 15 Sep 05* 2 15 Sep 06 5 15 Sep 07 5 * Contested reports On 30 October 2007, the Evaluation Reports Appeal Board (ERAB) approved voiding the applicant’s referral EPRs closing 15 April 2005 And 15 September 2005. __________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOE recommends the applicant’s request to change his DOR to 1 June 2005 be denied. DPSOE states the applicant was considered and selected for promotion to technical sergeant during promotion cycle 04E6. He received Promotion Selection Number 7437.5 which incremented 1 June 2005. However, on 25 May 2005, his commander deferred the applicant’s promotion for three months in accordance with Air Force Instruction 36-2502, Airman Promotion System, paragraph 3.2.5, based on unacceptable performance of duties. The applicant’s new DOR and effective date became 1 September 2005. DPSOE states they find no error or injustice regarding the commander’s decision to defer the applicant’s promotion. The commander’s decision was made based on the findings of the applicant’s supervisor regarding duty performance. Although the ERAB approved removing the two contested reports, their action does not affect the applicant’s selection for promotion nor does it constitute removal of the promotion deferral. The DPSOE 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 11 January 2008 for review and response within 30 days. As of this date, this office has received no response. __________________________________________________________________ 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 injustice. The ERAB has rendered void the two referral EPRs the applicant received leaving the Board only to decide whether or not his DOR should be restored to its original date of 1 June 2005. The lack of evidence provided by the Air Force to dispute any link between the EPRs and the promotion deferral, coupled with the fact that the three months his promotion was deferred were between the start and finish dates of the rating period covered by the voided EPRs, convinced us that a likely injustice had occurred. Consequently, absent evidence to the contrary, we are left to conclude that the ERAB’s voidance of his two referral EPRs indicates that what had allegedly transpired to instigate the referrals also led to the deferral of his promotion. As the referral EPRs were found without merit so, too, should the promotion deferral. Therefore, we recommend the records be corrected to the extent indicated below. ________________________________________________________________ THE BOARD DETERMINES THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he was promoted to the grade of technical sergeant, effective and with a date of rank of 1 June 2005 rather than 1 September 2005. ________________________________________________________________ The following members of the Board considered this application in Executive Sessions on 28 February 2008, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence for AFBCMR Docket Number BC-2007- 02512 was considered: Exhibit A. DD Form 149, dated 31 Jul 07, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOE, dated 13 Nov 07. Exhibit D. Letter, SAF/MRBR, dated 11 Jan 08.