RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00237 INDEX CODE: 111.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: The applicant’s request is not clear; however, it appears he is requesting that his Enlisted Performance Report (EPR) rendered for the period 4 Feb 07 thru 3 Feb 08 be removed or changed to reflect an overall “5” rating. _________________________________________________________________ APPLICANT CONTENDS THAT: He received an unfair and unjust rating without any documentation and there was no feedback during or before 4 Feb 07 through 3 Feb 08. During his three-year assignment there was only one documented feedback and it was in 2006. The contested EPR indicates another EPR was given on 3 Jul 07; however, it was never given to him. The Evaluations Reports Appeals Board (ERAB) denied his appeal of the contested report. In support of his request, the applicant provides copies of the contested EPR and ERAB correspondence. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is presently serving in the grade of senior airman. The ERAB returned the applicant’s appeal for a reaccomplished report showing feedback was not accomplished. However, after 30 days without a response, the appeal was closed. Further, the commander noted, “The member signed the EPR acknowledging he received a mid-term feedback. Additionally, this is a strong EPR for a SrA and I do not believe it requires amending.” The applicant acknowledged receipt of the contested report on 24 Apr 08, indicating all required feedback was accomplished during the reporting period and upon receipt of the report. A resume of the applicant’s EPRs follows: CLOSEOUT DATE OVERALL RATING 15 Sep 03 5 15 Sep 04 4 3 Feb 05 5 3 Feb 06 3 3 Feb 07 5 *3 Feb 08 4 3 Feb 09 5 *Contested report. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIDEP recommends denial. DPSIDEP states there is no evidence the contested report is inaccurate or unjust. However, if the applicant can provide a statement from the rater that feedback was not accomplished, they would recommend the feedback date in Section V be removed and the comment, “Feedback was not accomplished IAW AFI 36-2406” be added. The complete HQ AFPC/DPSIDEP 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 4 Jun 10 for review and comment within 30 days (Exhibit D). As of this date, this office has not received a 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. Insufficient relevant evidence has been presented to demonstrate the existence of 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 and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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 Docket Number BC-2010-00237 in Executive Session on 3 August 2010, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 13 Jan 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, HQ AFPC/DPSIDEP, dated 9 Apr 10. Exhibit D. Letter, SAF/MRBR, dated 4 Jun 10.