RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00850 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Enlisted Performance Report (EPR) rendered for the period 1 Apr 08 through 31 Mar 09 be declared void and removed from his records. _________________________________________________________________ APPLICANT CONTENDS THAT: He received a referral EPR for being arrested for the assumption of driving while under the influence (DWI). The DWI charge was dropped to a reckless/operation charge four months after the EPR was given. In support of his appeal, the applicant provides documents extracted from his military personnel records and a copy of Court Minutes from the Shreveport City Court. 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 Senior Airman (SrA). Applicant’s EPR profile is listed below: PERIOD ENDING OVERALL EVALUATION 15 Jul 07 5 31 Mar 08 5 *31 Mar 09 3 05 Oct 09 5 *Contested Report The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDEP recommends denial. AFPC/DPSIDEP notes that during the reporting period of the contested report, the applicant was arrested for DWI and received a Letter of Reprimand and placed on the Control Roster. Although the charges may have been reduced after the EPR was rendered, the fact is the applicant was arrested for DWI, received an LOR, and was placed on the Control Roster. Therefore, the EPR in question is accurate based on the status as of the close out date of the report. The complete 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 28 May 10, for review and comment within 30 days. As of this date, no response has been received by this office. _________________________________________________________________ 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 an error or an injustice. After a thorough review of the evidence of record and the applicant’s submission, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our decision the applicant has failed to sustain his burden of proof of the existence of either an error or an injustice. Therefore, in the absence of persuasive 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 AFBCMR Docket Number BC-2010-00850 in Executive Session on 12 Aug 10, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 23 Feb 10, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDEP, dated 10 May 10. Exhibit D. Letter, SAF/MRBR, dated 28 May 10.