RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04754 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: The AF Form 77, Letter of Evaluation (LOE), rendered for the period 11 Jul 06 through 10 Jul 07, be removed from his records and replaced with a reaccomplsihed AF Form 910, Enlisted Performance Report (EPR). _________________________________________________________________ APPLICANT CONTENDS THAT: The Evaluation Reports Appeals Board (ERAB) returned a decision that stated in part it was “not convinced the original report was unjust or wrong.” Shortly after this decision, the ERAB voided the report and replaced it with a nearly blank AF Form 77. The ERAB’s action to void the original report was contradictory to its own decision. This decision did not correct nor provide relief from an unjust report, but instead put his career at a disadvantage. In support of his appeal, the applicant provides a copy of the reaccomplished EPR and letters of support from his rater and additional 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 Staff Sergeant (SSgt). The applicant’s EPR profile as a SSgt is listed below: PERIOD ENDING OVERALL EVALUATION 3 Jan 03 4 10 Jul 03 4 10 Jul 04 5 10 Jul 05 4 10 Jul 06 4 PERIOD ENDING OVERALL EVALUATION 10 Jul 07 LOE 15 Apr 08 4 15 Apr 09 5 15 Apr 10 5 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/DPSID notes the applicant appealed to the ERAB to remove his performance report for the period ending 10 Jul 07 and replace it with a reaccomplished report. The ERAB reviewed the applicant’s request and based on the information supplied, determined the original report was invalid due to there were not being enough days of supervision. Since the original report was invalid and was already a matter of record, the reaccomplished report could not be accepted for filing in the records. The ERAB filed an LOE to rectify the error in accordance with AF policy. Although, the applicant believes his career was put at a disadvantage because his record is now missing valuable documentation related to his deployment and Army Commendation Medal,his Army Commendation Medal is part of his permanent record and prior events are permitted to be used in subsequent reports since the mentioned events can add significantly to an evaluation report and have not been previously reflected in past performance reports. Furthermore, the applicant has been provided considerable relief since the original report was rated a “4” and the removal of that rating has been deleted from the system; he now will receive more promotion points for the approved Dec In- system supplemental promotion he requested. The complete AFPC/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 15 Apr 11 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). _________________________________________________________________ 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 the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2010-04754 in Executive Session on 15 Sep 11, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 23 Dec 10, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 26 Mar 11. Exhibit D. Letter, SAF/MRBR, dated 15 Apr 11.