RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBERS: BC-2011-01769 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His Enlisted Performance Report (EPR), rendered for the Period 19 October 1998 through 15 June 2001, be voided and replaced with the original EPR rendered for that period before it was downgraded by an Individual Mobilization Augmentee (IMA) officer not in his chain of command. 2. He be promoted to the grade of senior master sergeant (E-8). _________________________________________________________________ APPLICANT CONTENDS THAT: An unauthorized officer pulled his written and signed EPR rendered for the period 19 October 1998 through 15 June 2001, rewrote and downgraded it, and coerced his rater to sign the rewritten report. In support of his appeal, the applicant provides copies of numerous electronic communications, a Congressional Inquiry, EPRs, letters of support, reassignment orders, memorandums of appreciation, and letters of commendation. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Air Force Reserve who was transferred to the Retired Reserve List effective 31 May 2007 in the grade of master sergeant (E-7). He served 31 years, 11 months, and 13 days of service for basic pay. The remaining relevant facts, extracted from the applicant’s military service records, are contained in the evaluation by the Air Force office of primary responsibility at Exhibits C. _________________________________________________________________ AIR FORCE EVALUATION: AFRC/A1K recommends denying the applicant’s request for promotion. A1K states the applicant’s EPR rendered for the period 19 October 1998 through 15 June 2001 was already removed from his record; therefore, there is no action required in regard to this portion of his request. In regard to his request for promotion to the grade of senior master sergeant, there is no evidence to show he was recommended for or denied promotion by the promotion authority (commander). The applicant contends he was unjustly denied promotion so their office contacted him to ask if he had any documentation to support his claim; however, he stated he does not. The complete A1K 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 29 July 2011 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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We note the applicant’s contested EPR has already been removed from his record, and we do not find it appropriate to replace it with his initial EPR, as requested, without support from his chain of command. In regard to his request to be promoted to the grade of senior master sergeant, we find no evidence that he was recommended for promotion by his commander. Therefore, 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 that 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 AFBCMR Docket Number BC-2011-01769 in Executive Session on 24 January 2012, under the provisions of AFI 36-2603: The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2011-01769: Exhibit A. DD Form 149, dated 25 Apr 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFRC/A1K, dated 21 Jul 11. Exhibit D. Letter, SAF/MRBR, dated 29 Jun 11.