RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00264 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His 29 Nov 2010, 22 Feb 2011, 23 May 2011 and 18 Aug 2011 Fitness Assessments (FA) be declared void and removed from the Air Force Fitness Management System (AFFMS) (Administratively Corrected). 2. His referral Enlisted Performance Report (EPR) for the period ending 1 Jun 2011 be declared void and removed from his records (Administratively Corrected). 3. The referral EPR be replaced with a firewall “5” EPR. 4. His promotion to the grade of Staff Sergeant (SSgt) be reinstated and he receive back pay (Administratively Corrected). 5. He be given supplemental promotion testing consideration for promotion to the grade of Technical Sergeant (TSgt) by waiving the Promotion Eligibility Cutoff Date requirement (Administratively Corrected). ________________________________________________________________ APPLICANT CONTENDS THAT: He suffered a slipped vertebral disc which was incorrectly diagnosed at the time of the failed FAs. As a result of the failed FA’s, his projected promotion to the grade of SSgt was cancelled and he received a referral EPR. The physician who conducted the Command Directed Physical Evaluation and the neurosurgeon stated that the undiagnosed medical condition prevented him from passing the four FAs. He would have passed the FAs with a score of 84 had he been on the appropriate profile. In support of his requests, the applicant provides a personal statement, copies of his Standard Form (SF) 600, Chronological Record of Medical Care; EPRs and letters of support from his physician, neurosurgeon and commander. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is currently on active duty in the grade of SSgt. Although DPSOE initially recommended denial of the applicant’s request to be supplementally considered for promotion to the grade of TSgt; in a letter dated 5 Mar 2014, DPSOE advised the applicant that as a result of the removal of his referral EPR and reinstatement of his promotion to the grade of SSgt with a DOR and effective date of 1 Jun 2011, he is eligible for promotion consideration to the grade of TSgt for Cycle 13E6. Since he has never tested for TSgt, he will receive supplemental promotion consideration for Cycle 13E6 once he has tested for Cycle 14E6. His Cycle 14E6 results will be applied retroactively to Cycle 13E6; however, he will not receive results until after the Cycle 14E6 results are publicly released. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDE states that the Evaluation Report Appeals Board (ERAB) approved the applicant’s request to void the referral EPR and replace it with an AF Form 77, Letter of Evaluation, stating “Not rated for the above Period. Report was removed by Order of the Chief of Staff, USAF.” His request to substitute the referral EPR with the provided report was denied due to the fact the evaluators on the report are different from the original report along with unexplained verbiage changes. IAW AFI 36-2401, the substituted report must be signed by the evaluators who signed the original report (this includes the commander). The complete DPSIDE evaluation, with attachment, is at Exhibit C. DPSOE recommends denial of the applicant’s request to be supplementally considered for promotion to the grade of TSgt for Cycle 13E6. The applicant is not eligible for promotion consideration to the grade of TSgt for Cycle 13E6 as requested since he does not have sufficient Time-in-Grade (TIG). In order to be eligible for promotion consideration to TSgt for Cycle 13E6, the applicant must have a SSgt DOR of 1 Aug 2011 or later [sic] (at least 23 months TIG). The DOR requirement for promotion eligibility has never been waived, nor is there a reason to waive it due to the removal of the referral EPR. DPSOE reinstated the applicant’s line number for promotion to the grade of SSgt and updated his record to reflect a DOR and effective date of 1 Jun 2011. The complete DPSOE evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He is concerned that there has been a miscommunication concerning his eligibility for supplemental promotion consideration to the grade of TSgt for Cycle 13E6. As a SSgt with a DOR of 1 Jun 2011, he should have tested for promotion during Cycle 13E6 IAW AFI 36-2502, Airman Promotion Program. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has not 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 to warrant replacing the contested EPR with a firewall “5.” Therefore, we agree with the opinion and recommendation of DPSIDE and adopt the rationale expressed as the basis for our conclusion the applicant has not been the victim of an error or injustice. We note the Air Force Offices of Primary Responsibility (OPR) has administratively corrected the applicant’s remaining requests. As such, other than the administrative corrections, 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-2013-00264 in Executive Session on 13 Mar 2014 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence in AFBCMR Docket Number BC- 2013-00264 was considered: Exhibit A. DD Form 149, dated 21 Nov 2012, w/atchs. Exhibit B. E-mail, AFPC/DPSIM, undated, w/atch. Exhibit C. Letter, AFPC/DPSIDE, 29 Oct 2013, w/atch. Exhibit D. Letter, AFPC/DPSOE, dated 6 Dec 2013. Exhibit E. Letter, SAF/MRBR, dated 24 Jan 2014. Exhibit F. Letter, Applicant, dated 14 Feb 2014. Exhibit G. Letter, AFPC/DPSOE, dated 5 Mar 2014. Panel Chair