RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-03650 INDEX CODE: 111.02 XXXXXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Enlisted Performance Report (EPR) rendered for the period 17 March 2006 through 6 November 2006 be removed from his records and replaced with a Letter of Evaluation (LOE) for the period 20 January 2006 through 19 May 2006. _________________________________________________________________ APPLICANT CONTENDS THAT: He suffered from a psychological disorder during 80 of the 137 days of supervision for the contested EPR. His condition was eventually diagnosed, evaluated by the Disability Evaluation System, and he was subsequently placed on the Temporary Disability Retired List (TDRL). In support of his appeal, the applicant provides copies of the contested EPR, the 19 May 2006 LOE, documentation from the Medical Evaluation Board (MEB) and subsequent Physical Evaluation Boards, and a letter of support from his 6 November EPR rater. 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 master sergeant (E-7) effective and with a date of rank of 1 July 2005. He has a Total Active Federal Military Service Date of 19 May 1994 and a projected Date of Separation of 20 October 2012. An MEB report, dated 15 February 2007, indicates the applicant sought evaluation for depression and anxiety and was subsequently referred for recommended treatment options. The MEB diagnosed the applicant with Anxiety Disorder manifested by excessive anxiety and worry that was difficult to control, as well as depressive symptoms to include decreased interests persisting despite removal of the identifiable stressors. The MEB referred the applicant for evaluation by a PEB. The PEB evaluation, dated 17 April 2007, indicates the applicant was found unfit because of physical disability with a diagnosis of Anxiety Disorder, with a ratable and compensable percentage of 30%, and Adjustment Disorder, not ratable or compensable. The PEB recommended the applicant be placed on the TDRL and reevaluated after 12 months. He agreed with the PEB findings and recommendation and on 9 June 2007, he was placed on the TDRL. A TDRL evaluation by the PEB, dated 17 June 2008, indicates the applicant’s condition of Anxiety Disorder was in full remission; however, the PEB still found him to be unfit for continued military service and recommended he be discharged with severance pay with a disability rating of 0%. After providing the PEB with a letter from his mental health care provider, unconditional letters of support from his bosses while on the TDRL, letters from others attesting to his full recovery, a copy of his excellent grades obtained in Nursing School while on the TDRL, copies of his awards, and his last performance review, the PEB found the applicant fit for duty and recommended his return to active duty. On 21 October 2008, the applicant returned to active duty. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denying the applicant’s request to replace his 6 November 2006 EPR with the 19 May 2006 optional LOE. DPSID states that when the applicant submitted his request, he was on the TDRL; therefore, he was ineligible to file an appeal through the Evaluation Reports Appeal Board (ERAB) under the provisions of Air Force Instruction 36-2401, Correcting Officer and Enlisted Evaluation Reports. However, he is now active duty and although they could return the application to the applicant without action to submit to the ERAB first, they chose not to since the applicant’s request is unauthorized. Only mandatory LOEs for deployed commanders are made a matter of record. The LOE written on the applicant is only an optional LOE, and the rater has the option whether to include the information in the next EPR in order to capture this information. A review of the contested EPR reveals no errors or injustices, nor was there any information provided which would indicate an error or injustice took place. The complete DPSID 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 21 November 2008 for review and comment 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. After a thorough review of the evidence of record, we are sufficiently persuaded that some relief is warranted in this case. In this respect, we note the rater’s comments that he did not intend for the contested report to be pejorative or punitive and he recommended it be removed from the applicant’s record because outside of the period the applicant suffered from a legitimate illness, it did not reflect his otherwise stellar performance. In addition, we note that Air Force Instruction 36-2406, paragraph 4.7.4.3 indicates that optional LOEs are not made a matter of record and are only used as information to be included in the member’s next EPR. We have confirmed that while the applicant was on the TDRL, he was not eligible to be considered for promotion to Senior Master Sergeant (SMSgt) and due to his return to active duty date of 21 October 2008, the first SMSgt Promotion Board his records will be eligible to meet is in 2009. Therefore, in view of the foregoing and in an effort to offset any possibility of an injustice to the applicant, 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 the AF IMT Form 911, Senior Enlisted Performance Report (MSgt thru CMSgt), rendered for the period 17 March 2006 through 6 November 2006 be, and hereby is, declared void and removed from his records. _________________________________________________________________ The following members of the Board considered this application in Executive Session on 5 February 2009, under the provisions of AFI 36-2603: Vice Chair Member Member All members voted to correct the records, as recommended. The following documentary evidence for AFBCMR Docket Number BC-2008- 03650 was considered: Exhibit A. DD Form 149, dated 1 Oct 08, with atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 21 Nov 08. Exhibit D. Letter, SAF/MRBR, dated 5 Dec 08.