RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00139 INDEX CODE: 111.05 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: The AF Forms 910, Enlisted Performance Reports (EPRs), closing on 15 Jul 08 and 7 Apr 09, be voided and removed from his records. _________________________________________________________________ APPLICANT CONTENDS THAT: He was told that the overall ratings of “2” on both reports were the result of his failure of the physical test (PT). He checked both the fitness and promotion regulations and could not find anything that stated failing his PT would result in an automatic “2” rating. In support of the appeal, the applicant provides copies of his AF Form 910, and extracts from his medical records. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant currently serves in the Regular Air Force in the grade of technical sergeant. His EPR profile reflects the following: PERIOD ENDING OVERALL EVALUATION 1 Oct 00 5 1 Oct 01 5 1 Oct 02 5 15 Aug 03 5 15 Aug 04 5 15 Aug 05 5 15 Aug 06 5 15 Jul 07 5 PERIOD ENDING OVERALL EVALUATION *15 Jul 08 2 * 7 Apr 09 2 *Contested reports _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIDEP recommends denial. DPSIDEP indicates the applicant did submit some medical documentation; however, unless he is exempt from all phases of the PT as determined by medical authorities, the exemption block is not marked. In cases where the individual may be exempt in one or more areas of PT, the score is adjusted based only on the areas the applicant was actually allowed to perform. Therefore, the medical documentation does not substantiate that the EPRs were inaccurate or unjust. The complete AFPC/DPSIDEP evaluation is at Exhibit C. HQ AFPC/DPSOE recommends denial. DPSOE indicates the applicant did not meet Air Force fitness standards during either reporting period. Even if the overall ratings were upgraded, the reports would remain referrals. DPSOE agrees with the recommendation of AFPC/DPSIDEP, as removing the EPRs in their entirety would render the applicant eligible for promotion consideration when, in fact, he was not based on his fitness failure. The complete AFPC/DPSOE evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 4 Jun 10, for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit E). _________________________________________________________________ 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 their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. We note the applicant has not provided sufficient evidence to substantiate that he was exempt from the PT during the periods of the referral EPRs. Should he provide such evidence, the Board would be willing to reconsider his request. In view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of an 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-2010-00139 in Executive Session on 23 Sep 10, under the provisions of AFI 36-2603: Ms. --------------, Panel Chair Ms. --------------, Member Mr. --------------, Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 8 Feb 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDEP, dated 15 Mar 10. Exhibit D. Letter, AFPC/DPSOE, dated 6 Apr 10. Exhibit E. Letter, SAF/MRBR, dated 4 Jun 10. ------------ Panel Chair