RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00817

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His Enlisted Performance Report for the period of 1 February 2016 through 31 March 2017 be amended to reflect a promotion recommendation of Not Ready Now (NRN) rather than Do Not Promote (DNP).

APPLICANT’S CONTENTIONS
 
He received a DNP related to an Article 15 based on individual perspective and belief that he must have had knowledge of alterations.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air Force senior airman (E-4).

On 20 September 2016, the applicant received and accepted an Article 15 for violating Article 107 of the Uniform Code of Military Justice (UCMJ).  The applicant did on or about 26 January 2016 and on or about 5 April 2016, with intent to deceive, presented an altered Air Force Form 1466, Request for Family Member’s Medical and Education Clearance for Travel, to wit:  stating that his wife was medically cleared for a Permanent Change of Station (PCS), which statement was false.  His wife was not medically cleared to PCS.  His punishment consisted of a reduction in grade from staff sergeant to senior airman, with a new date of rank of 20 September 2016 and a reprimand.  The applicant appealed the Article 15 and the appeal was denied.

The applicant did file an Evaluation Review Appeal Board (ERAB) application. The ERAB was not convinced of an error or injustice based on the documentation provided within the case and denied the request to substitute the report.  The applicant submitted a subsequent request that was automatically closed by the system due to inactivity by the applicant.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying the application.   Consequently, due to the Article 15 the applicant received a referral EPR with the following comment: “Member received an Article 15 for falsifying official medical documents” for which the commander determined warranted a DNP promotion recommendation.  The commander was within their authority to give a DNP based on AFI 36-2406, Table 4.2, Item 33 which states, “Do Not Promote: Not recommended for promotion based on unacceptable performance, failure to adhere to established AF standards and expectations, or actions that may be incompatible with continued AF service.  DNP evaluation must have already been referred based on comments reflective of the commander’s “Do Not Promote” recommendation, e.g., negative comments, derogatory information, or any performance assessment ratings of “Met some but not all expectations.”

Based on the analysis of the facts and documentation provided, the applicant has provided insufficient evidence to substantiate an error or injustice that warrants revision of the contested EPR as the reason for the referral EPR still exists.  

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 26 August 2020 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP3SP and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2020-00817 in Executive Session on 18 November 2020:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 10 December 2019.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SP, dated 26 July 2020.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 26 August 2020.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.