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AF | BCMR | CY2003 | BC-2003-02048
Original file (BC-2003-02048.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02048
            INDEX CODE:  131.09

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

She be promoted to the grade of master sergeant, with  an  appropriate
effective date, and be provided any other  remedies  the  Board  deems
just and fair.

_________________________________________________________________

APPLICANT CONTENDS THAT:

A letter of explanation that was sent  to  the  Quality  Review  Panel
(QRP) regarding an  unfavorable  Enlisted  Performance  Report  (EPR),
which has been removed by  the  Air  Force  Board  for  Correction  of
Military Records (AFBCMR), does not appear to have been in her  record
when it was reviewed by the panel.

She believes that the availability of the letter would have  mitigated
the impact that the unfavorable EPR had on  the  panel,  making  it  a
critical component of her record.

She missed the promotion cut-off score by the narrow  margin  of  one-
half (1/2) of a point.  She believes that her total score  would  have
surpassed the cut-off score had the panel been  allowed  to  view  her
letter of explanation.

In  support  of  her  appeal,  the  applicant  provided  an   expanded
statement, the letter of explanation to  the  QRP,  and  documentation
pertaining to the correction of her military records by the Board.

Applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates
that the applicant is currently in the Air Force Reserve as a  medical
services specialist.

On 23 Apr 03, the AFBCMR considered and granted an  appeal  pertaining
to the applicant, directing that her EPR closing  4 Aug 99  be  voided
and removed from her records; and, that she be promoted to  the  grade
of technical sergeant effective and with a date of rank of 1 Sep 99.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/SG recommended denial indicating that  the  applicant's  case  is
based on their inability to produce the letter at this time.   Receipt
confirmation of the  letter  was  established  by  the  applicant  and
procedures were followed which resulted in all letters sent to the QRP
being placed in the appropriate personnel files.   The  applicant  was
deemed not qualified for reassignment to a higher graded position,  as
were fourteen other members of her specialty.  The destruction of  all
letters after completion of review and scoring of all records  was  an
untimely but inconsequential error by an inexperienced staff member.

A complete copy of the ARPC/SG evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant provided a detailed response indicating that  because  there
was no evidence that her letter of explanation was in her records when
they were reviewed by  the  QRP,  the  information  it  contained  had
already proven to be compelling, and because she  has  evidence  of  a
pattern of errors, she requests favorable consideration of her appeal.

Applicant's complete response, with attachment, is at Exhibit D.

_________________________________________________________________

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 error or injustice.  We note that the applicant's  record
was reviewed by the QRP and  she  was  considered  not  qualified  for
reassignment to a higher graded position.  The applicant contends that
a letter of  explanation  that  was  sent  to  the  QRP  regarding  an
unfavorable EPR, which was removed by the AFBCMR, did  not  appear  to
have been in her record when it was reviewed.  ARPC/SG  indicated  the
applicant confirmed receipt of the letter, but  that  the  letter  was
inadvertently destroyed at the conclusion of  the  QRP.   In  view  of
ARPC/SG's inability to  produce  the  letter,  we  believe  any  doubt
concerning the impact the letter of explanation may have  had  on  the
QRP's determination that she was not qualified for reassignment  to  a
her graded position should be resolved  in  favor  of  the  applicant.
Notwithstanding this, we are not inclined to recommend  her  promotion
to the grade of master sergeant as she has requested.  In our opinion,
proper and fitting relief in this case would be to have the QRP  again
consider the applicant's record.  However, we do not believe including
the letter of explanation in her record would now be appropriate since
it appears that the referenced EPR has been removed from her  records.
Accordingly, we recommend that the applicant's records be corrected as
indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT,  be  supplementally  considered  by  a  Quality
Review Panel for her reassignment to a higher  graded  position;  and,
that if her letter of explanation is discovered, it not be included in
her record.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2003-02048 in Executive Session on 26 Aug 03, under the provisions  of
AFI 36-2603:

      Mr. John L. Robuck, Panel Chair
      Mr. Grover L. Dunn, Member
      Ms. Sharon B. Seymour, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 11 Jun 03, w/atchs.
     Exhibit B.  Letter, ARPC/SG, dated 3 Jul 03.
     Exhibit C.  Letter, SAF/MRBR, dated 18 Jul 03.
     Exhibit D.  Letter, applicant, dated 30 Jul 03, w/atch.




                                   JOHN L. ROBUCK
                                   Panel Chair









AFBCMR BC-2003-02048




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 supplementally considered by a Quality Review
Panel for her reassignment to a higher graded position; and that, if
her letter of explanation is discovered, it not be included in her
record.







    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency



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