RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBERS: 00-02866
INDEX CODES: 111.02, 111.05, 131.05, 134.01, 134.02
COUNSEL: None
HEARING DESIRED: Yes
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Unfavorable Information File (UIF) and the referral Enlisted
Performance Report closing 25 Jul 98 be voided, his date of rank (DOR)
to airman first class (A1C) be changed from 15 Jun 99 to 26 Mar 98,
and his DOR to senior airman (SRA) be changed from 15 Feb 01 to 26 Nov
99.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He has been unfairly judged and treated. The referral EPR is not a
fair evaluation. He has enjoyed his time in the Air Force and would
like to be given the opportunity to show his potential in the future.
A copy of his complete appeal is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force in the grade of airman
basic on 26 Nov 96. During the period in question, he was an airman
assigned to the 492nd Fighter Squadron, RAF Lakenheath, England, as an
assistant dedicated crew chief.
His performance reports reflect the following overall ratings:
2 (contested EPR), 4, 5 and 5.
Since filing his appeal, he has been promoted to the grade of SRA with
a DOR of 15 Feb 01.
The applicant has not filed an appeal under AFI 36-2401 with regard to
the EPR issue.
The references by HQ AFPC/DPSFM (Exhibit C) and HQ AFPC/DPPPWB
(Exhibit D) to the applicant being placed on the Control Roster on 18
May 98 could not be verified. The UIF Form 1058 dated 27 Mar 98
reflects the commander did not place the applicant on the Control
Roster. The UIF Form 1058 dated 27 May 98 does not indicate one way
or the other whether the commander placed the applicant on the Control
Roster. Pursuant to inquiries by the AFBCMR Staff, DPSFM and DPPPWB
acknowledged that their advisories may have erred with regard to the
Control Roster.
The remaining relevant facts pertaining to this appeal are contained
in the applicant’s military records (Exhibit B), and the letters
prepared by the appropriate offices of the Air Force (Exhibits C, D
and E). Accordingly, there is no need to recite these facts in this
Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Field Activities Division, HQ AFPC/DPSFM, notes the
applicant no longer has an active UIF since the one created for the 12
May 98 Letter of Reprimand (LOR) has expired. Therefore, the author
assumes the applicant is requesting that his historical records be
modified to reflect he never had a UIF. When afforded the opportunity
to formally respond to his LORs, the applicant appears to have
remained silent. He did not file formal complaints. The author is
not persuaded by the unsworn character references provided by the
applicant. The LORs and UIF were properly rendered and established.
The referral EPR is entirely consistent with the decision to place him
on the Control Roster two months earlier on 18 May 98. [See Statement
of Facts regarding the advisory opinion’s reference to Control Roster
Action.] Denial is recommended as the applicant provides no
justification to warrant correction of his records.
A complete copy of the evaluation is at Exhibit C.
The Chief, Inquiries/AFBCMR Section, HQ AFPC/DPPPWB, discusses time-in-
grade (TIG)/time-in-service (TIS) requirements, the applicant’s
originally projected DORs, and the impact of the administrative
actions taken against him. The author notes that if the applicant had
been promoted to A1C on 26 Mar 98 when he completed the minimum 10
months TIG, he would have met the 36 months Total Active Federal
Military Service (TAFMS) and 20 months TIG requirement for promotion
to SRA on 26 Nov 99. The actions taken by the commander were
appropriate and prevented the applicant from being promoted when he
met the minimum TIG and TIS requirements to A1C and SRA. [See
Statement of Facts regarding the advisory opinion’s reference to
Control Roster Action.] If the Board changes the applicant’s DORs for
A1C and SRA to 26 Mar 98 and 26 Nov 99, respectively, he would be
eligible for supplemental promotion consideration to staff sergeant
beginning with the 00E5 cycle, provided he is recommended and
otherwise eligible. However, the author recommends the appeal be
denied.
A complete copy of the evaluation, with attachment, is at Exhibit D.
The Chief, Evaluation Procedures Section, HQ AFPC/DPPPEP, reviewed the
appeal and provided his rationale for recommending denial. However,
the author notes a missing performance “bullet” in Section VI of the
contested EPR. This does not invalidate the report. The indorser was
contacted and provided the following comment for placement in Section
VI: “Performed daily housekeeping of his assigned shelter.” The
author recommends the contested EPR be corrected to include this
comment in Section VI.
A complete copy of the evaluation is at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Complete copies of the Air Force evaluations were forwarded to the
applicant on 30 Mar 01 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 timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice to warrant correcting the
applicant’s records as requested. The applicant received numerous
Letters of Counseling (LOCs) and two Letters of Reprimand (LORs)
during the reporting period. Both LORs were filed in the applicant’s
UIF. The applicant’s submission fails to establish that the LORs were
improperly rendered, the UIF was improperly established, or that any
of the administrative actions were unjustified or exceeded the
authority of his supervisor and commander. These adverse actions do,
however, support the contested EPR’s negative comments and the
applicant not being recommended for promotion. The applicant’s poor
performance and potential appeared to be entrenched at that time in
his career. In fact, his records indicate he received two more LOCs
after the referral report’s closing date. Apparently, the adverse
administrative actions finally helped the applicant modify his
behavior, as his subsequent EPRs and promotion to SRA reflect. We
applaud his improved efforts and wish him a long and successful career
in the Air Force. However, we do not believe the referral EPR and the
other negative actions against him should be voided from his history.
They were properly rendered and may have served as the “wake up call”
the applicant needed to turn himself into the model military member he
is today.
4. We note the HQ AFPC/DPPPEP advisory opinion indicated the
contested EPR should have a performance comment in Section VI. The
advisory office obtained an appropriate comment from the indorser that
could be added to this section. We do not find that the missing
“bullet statement” invalidates the EPR; however, we do recommend that
the report be corrected to include it as indicated below.
5. 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 issue(s) involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that the Enlisted
Performance Report, AF Form 910, rendered for the period 26 Nov 96
through 25 Jul 98, be amended by adding the comment, “Performed daily
housekeeping of his assigned shelter,” to Section VI.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 8 May 2001 under the provisions of AFI 36-2603:
Mr. Teddy L. Houston, Panel Chair
Mr. John L. Robuck, Member
Mr. Edward H. Parker, Member
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 Oct 00, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSFM, dated 23 Jan 01.
Exhibit D. Letter, HQ AFPC/DPPPWB, dated 25 Jan 01, w/atch.
Exhibit E. Letter, HQ AFPC/DPPPEP, dated 5 Feb 01.
Exhibit F. Letter, SAF/MIBR, dated 30 Mar 01.
TEDDY L. HOUSTON
Panel Chair
AFBCMR 00-02866
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:
The pertinent military records of the Department of the Air
Force relating to , be corrected to show that the Enlisted
Performance Report, AF Form 910, rendered for the period 26 November
1996 through 25 July 1998, be amended by adding the comment,
“Performed daily housekeeping of his assigned shelter,” to Section VI.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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