RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:            DOCKET NUMBER: 00-03018

                       INDEX CODE:  111.02, 134.01


                             COUNSEL:  NONE

                             HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

An expired Unfavorable  Information  File  (UIF),  with  a  Letter  of
Reprimand (LOR) be removed from her records; the  line  in  Section  V
(Rater’s Comments) of her Enlisted Performance Report  (EPR),  closing
23 Apr 99, which made the report  a  referral  be  deleted;  and,  her
original date of rank for senior airman of 2 Oct 99, with back pay, be
approved.
_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the  records  to  be  in  error  or
unjust and the evidence submitted in support  of  the  appeal  are  at
Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System (PDS) reveals the
applicant’s Total Active Federal Military Service Date (TAFMSD)  as  2
Oct 96 and her established date of separation (DOS) as 1 Apr  01.   At
the time the applicant submitted her application, she was  serving  on
active duty in the grade of senior airman, with an effective date  and
date of rank of 9 Mar 00.

The relevant facts pertaining to this application, extracted from  the
applicant’s military records, are contained in the letters prepared by
the appropriate offices of the Air Force.  Accordingly,  there  is  no
need to recite these facts in this Record of Proceedings.
_________________________________________________________________

AIR FORCE EVALUATION:

The  Field  Operations  Branch,  HQ  AFPC/DPSFM,  indicated  that  the
applicant received a Letter of  Reprimand  (LOR)  on  13  Aug  98  for
alleged assault  against  her  spouse;  however,  in  the  applicant’s
rebuttal to the LOR, she claimed she only acted in self-defense.   The
applicant’s commander elected to establish an Unfavorable  Information
File (UIF) with the LOR.  DPSFM stated that  the  applicant’s  LOR/UIF
would have expired on 30 Aug 99.   The  applicant’s  UIF  data  is  no
longer reflected on the Headquarters Air Force  (HAF)  system.   DPSFM
indicated  that  the  corrective  action  requested  now  amounts   to
correction of her EPR and backdating her promotion to senior airman (E-
4),  if  warranted.   DPSFM  stated   that   there   is   insufficient
justification to determine the commander’s  decision-making  authority
was in error when assigning administrative actions to  the  applicant.
DPSFM recommended the applicant’s request be denied (Exhibit C).


The Enlisted Promotion and Military Testing  Branch,  HQ  AFPC/DPPPWB,
indicated that the applicant enlisted on 2 Oct  96  in  the  grade  of
airman.  She was promoted to airman first class (E-3) on 2 Aug 97 upon
completion of the minimum ten-months Time-In-Grade (TIG) and, on 9 Mar
00, was promoted to senior airman (E-4).  DPPPWB stated that since the
applicant satisfied  the  36  months  Total  Active  Federal  Military
Service (TAFMS) and 20 months TIG, the earliest date  she  could  have
been promoted, provided  she  was  eligible  and  recommended  by  her
commander, would have been 2 Oct 99.  However, the applicant  received
a referral EPR closing 23 Apr 99 which  rendered  her  ineligible  for
promotion as outlined in the governing Air  Force  Instruction.   When
she received the EPR  closing  9  Mar  00,  she  became  eligible  for
promotion to senior airman (E-4) and was promoted 9  Mar  00.   DPPPWB
indicated that if the Board grants the applicant’s request and removes
the portion of the EPR that makes it a referral and directs  her  date
of rank and effective date for E-4 to 2 Oct 99, she would be  entitled
to supplemental  promotion  consideration  for  staff  sergeant  (E-5)
beginning with Cycle 00E5, providing she  is  otherwise  eligible  and
recommended by the commander.  However, since she was  ineligible  for
this cycle because of her 9 Mar 00 date of rank (DOR) to E-4  and  did
not  take  the  Promotion  Fitness  Examination  (PFE)  and  Specialty
Knowledge Test (SKT), the test scores from the  next  promotion  cycle
she is eligible will be used for any supplemental consideration to E-5
(Exhibit D).


The Performance Evaluation Section, HQ AFPC/DPPPE, indicated a similar
appeal by the applicant, under Air Force  Instruction  (AFI)  36-2401,
was considered and denied by the Evaluation Report Appeal Board (ERAB)
on 8 Dec 99.  DPPPE stated that there are no technical errors  in  the
preparation and processing of the contested EPR.  Further,  there  are
no factual errors in the EPR.  Because the commander  did  not  remove
the LOR/UIF from the applicant’s record, the  comments  are  valid  as
written.  DPPPE considers the EPR technically valid as written.  Based
on  the  information  presented,  DPPPE  recommended  the  applicant’s
request be denied.  However, DPPPE defers to the Board to determine if
the LOR/UIF was an injustice to the applicant. If the  Board  believes
an injustice has occurred, then all mention of the LOR/UIF  should  be
removed from the EPR (Exhibit E).
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant  on  9
Feb 01 for review and response.  As of this date, no response has been
received by this office (Exhibit F).
_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies  provided  by  existing
law or regulations.

2.    The application was timely filed.

3.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of probable injustice.  With respect to the  applicant’s
request for removal of the LOR and UIF from her records, we find  this
to be a moot issue since the LOR and  UIF  have  expired  and  are  no
longer a part of her records.   As  to  the  contested  report,  after
reviewing the documentation  submitted,  we  are  convinced  that  all
mention of a LOR/UIF should  be  deleted  from  the  contested  report
because the referenced LOR/UIF was for an “alleged” incident, based on
unsubstantiated evidence.  In view of the  available  evidence,  which
includes a supporting statement from  the  Area  Defense  Counsel,  we
believe the applicant was treated unfairly and that her commander  may
have abused his inherent discretionary authority  in  the  actions  he
took against her.  Hence, it is  our  opinion  that  reasonable  doubt
exists concerning the fairness of the report in question and that  any
doubt should be resolved in the applicant’s favor.   In  addition,  we
note the advice provided by HQ AFPC/DPPPWB to the effect that, if  the
applicant’s record had not contained the referral EPR, she would  have
been eligible for promotion to senior airman (E-4) on 2 Oct 99  rather
than 9 Mar 00.  Inasmuch as we are of the opinion that  the  contested
report should be amended, equity dictates that her E-4  date  of  rank
should also be corrected.  However, since  the  applicant  voluntarily
separated from active duty prior to testing for promotion to the grade
of staff  sergeant  (E-5),  she  has  no  test  scores  to  support  a
recommendation for supplemental promotion consideration for  E-5.   In
view of the foregoing,  we  recommend  that  the  above-cited  EPR  be
amended as indicated below and that her effective  date  and  date  of
rank to E-4 be changed to the original date of 2 Oct 99.
_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that:

      a.  The eleventh sentence “Received a Letter or  Reprimand  with
Unfavorable Information File for alleged  assault--responded  well  to
multiple counselings;” from the rater’s comments in Section V and  the
first sentence from the indorser’s comments in Section VI  be  deleted
from the Enlisted Performance Report, AF Form 910,  rendered  for  the
period 2 June 1998 through 23 April 1999; and, all referral  documents
attached to the report be declared void and removed from her records.

      b.  She was promoted to the grade  of  senior  airman,  with  an
effective date and date of rank of 2 October 1999, rather than 9 March
2000.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 28 March 2001, under the provisions  of  AFI  36-
2603:

                  Mr. David C. Van Gasbeck, Panel Chair
                  Mr. Robert S. Boyd, 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 4 Nov 00, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPSFM, dated 27 Dec 00.
   Exhibit D.  Letter, HQ AFPC/DPPPWB, dated 3 Jan 01.
   Exhibit E.  Letter, HQ AFPC/DPPPE, dated 10 Jan 01.
   Exhibit F.  Letter, SAF/MIBR, dated 9 Feb 01.



                                   DAVID C. VAN GASBECK
                                   Panel Chair


AFBCMR 00-03018




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 APPLICANT be corrected to show that:

            a.  The eleventh sentence “Received a Letter or Reprimand
with Unfavorable Information File for alleged assault--responded well
to multiple counselings;” from the rater’s comments in Section V and
the first sentence from the indorser’s comments in Section VI be
deleted from the Enlisted Performance Report, AF Form 910, rendered
for the period 2 June 1998 through 23 April 1999; and, all referral
documents attached to the report be, and hereby are, declared void and
removed from her records.

            b.  She was promoted to the grade of senior airman, with
an effective date and date of rank of 2 October 1999, rather than
9 March 2000.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency