RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-00245
            INDEX CODE:  112.00
            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be granted supplemental  promotion  consideration  for  the  2008  Senior
Master Sergeant (E-8)  cycle,  and  subsequent  promotion  cycles,  with  an
enlisted performance report (EPR) selection record that includes  ten  years
of his available EPRs in lieu of the last ten years of sequential EPRs.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was reinstated to active duty on 10 Dec  02  following  a  separation  of
just over five  years.   An  AF  Form  77,  Supplemental  Evaluation  Sheet,
covering six years of missing EPRs was placed in his  records  group.   Over
the past five years, he has strived to make  the  most  of  the  opportunity
afforded to him.  He now has the knowledge and ability to perform at the  E-
8 level, but his selection record does not  fairly  reflect  his  past  duty
performance or future leadership potential.

His promotion selection record has been  generated  correctly;  however,  he
has only half the EPRs of his peers.   The  ideal  resolution  would  be  to
erase the five years of his separation so that he could compete  fairly  for
promotion.  Since an ideal resolution cannot be achieved, he is asking  that
the promotion board have the opportunity to review his earlier EPRs to  more
fairly judge his experience and duty  performance.   His  current  selection
record includes EPRs covering 10 Dec 02 through 31 Sep  07.   He  is  asking
for the inclusion of EPRs covering 23 Oct 91 through 29 Dec 96 to yield  ten
years of EPRs for promotion board supplemental consideration.

In support of the application, he submits his  current  promotion  selection
record and his EPRs for the period 23 Oct 91 through 29 Dec 96.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 20  March  2002,  the  AFBCMR  considered  and  recommended  approval  of
applicant's request for reinstatement to active duty.   On  19 Apr  05,  the
AFBCMR considered  and  partially  approved  further  relief  regarding  his
request for a Selective Reenlistment Bonus (SRB) and  restored  leave.   For
an accounting of the facts and  circumstances  surrounding  the  applicant’s
initial requests and the rationale of the earlier  decision  by  the  Board,
see the Record of Proceedings and the  Directives,  Docket  Number  BC-1999-
03348 and BC-2004-20529, at Exhibit B.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the letters  prepared  by
the appropriate office of the Air Force at Exhibits C & D.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSIDEP has no recommendation; however, they  state  placing  an  AF
Form 77 in a member's record to cover breaks in  service  is  in  accordance
with AFI 36-2406, Officer and Enlisted Evaluation Systems, and AFI  36-2608,
Military Personnel Records System.

The complete DPSIDEP evaluation is at Exhibit C.

HQ AFPC/DPSOE recommends denial.  DPSOE  opines  there  are  many  selection
records every cycle that contain less than ten EPRs  due  to  reports  being
lost or destroyed, removed by the AFBCMR, and other administrative  reasons;
therefore, the applicant is not  in  a  unique  situation.   His  record  is
evaluated in accordance with policies established by senior  leadership  and
AF/CC, the same policies and procedures provided  to  others  under  similar
circumstances.

DPSOE notes the applicant is currently  meeting  the  08E8  SNCO  evaluation
board.  The SNCO selection folders meeting this board contain EPRs  covering
the period 1 Oct 97 – 30 Sep 07 (ten years worth  of  reports  from  current
cycle promotion eligibility consideration date  (PECD),  not  to  exceed  12
reports).

The complete DPSOE evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response dated 25 Mar 08, the applicant states  the  extended  period
of time that it took  to  correct  his  denial  of  access  to  due  process
resulted in further harm  to  his  career.   He  has  worked  diligently  to
fulfill  his  current  duties,  responsibilities,   and   obtain   education
regarding changes during his five year absence.  However, his extra  effort,
work experience, education, and community volunteerism  during  his  absence
cannot be appropriately recorded on EPRs.  His most  current  ten  years  of
service should be considered as he was prevented  from  serving  during  the
period of correction.  He would like his request considered as an  exception
to policy so that he may compete fairly with his peers.

The applicant's complete response, with attachments, is at 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.  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
that the applicant has not  been  the  victim  of  an  error  or  injustice.
Therefore,  in  the  absence  of  evidence  to  the  contrary,  we  find  no
compelling  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 issue(s) 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 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 this application in  Executive
Session on 19 Jun 08 under the provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
            Ms. Janet I. Hassan, Member
      Ms. Vinita J. Veneziano-Martin, Member

The following documentary evidence was considered in AFBCMR BC-2008-00245:

    Exhibit A.  DD Form 149, dated 13 Jan 08, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPSIDEP, dated 28 Jan 08.
    Exhibit D.  Letter, HQ AFPC/DPSOE, dated 12 Feb 08.
    Exhibit E.  Letter, SAF/MRBR, dated 29 Feb 08.
    Exhibit F.  Letter, Applicant, dated 25 Mar 08.




                                   THOMAS S. MARKIEWICZ
                                   Chair