RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-01852
            INDEX CODE:  111.05

            COUNSEL:  NOT INDICATED

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The AF IMT Form 910, Enlisted Performance Report  (EPR)  closing-out  on  16
Jul 07, be replaced or voided and removed from her record.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her EPR was marked down because she failed her physical fitness  test.   She
was recently diagnosed with a pinched nerve in her lower back, and  believes
that if her condition was diagnosed earlier she would not  have  failed  her
physical fitness test.  After she received treatment for her condition,  she
retested using the ergonomic test and was able to pass.

In support of her request, the applicant provides two copies of her AF  Form
422, Physical Profile Serial Report, and a copy of an AF IMT  910,  Enlisted
Performance Report and medical documentation relating to her back injury.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant received an EPR closing-out on 16  Jul  07,  with  an  overall
rating of “4”.  The report was marked down  in  one  area,  “How  well  does
ratee comply with standards?”

Her EPR profile reflects the following:

      PERIOD ENDING    EVALUATION OF POTENTIAL

             15 Jan 03       5
             15 Jan 04       5
Her EPR profile continues:

      PERIOD ENDING    EVALUATION OF POTENTIAL

             15 Jan 05       5
             16 Jul 05       5
             16 Jul 06       5
           **16 Jul 07       4

** Contested report

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDEP recommends denial and states in part, that since the  applicant
did not file an appeal through the Evaluation Reports Appeals  Board  (ERAB)
under  the  provision  of  AFI  36-2401,  Correcting  Officer  and  Enlisted
Evaluation Reports, her case was forwarded  to  them  for  evaluation.   The
ERAB recommends denial.

The fact that she failed her physical  fitness  test  during  the  reporting
period of the contested report alone, justified the evaluators marking  down
the report.

Under current procedures for the electronic  version  of  the  AF Form  910,
failure of a physical fitness test is an automatic referral report, and  had
her report  closed-out  a  month  later,  it  could  have  been  a  referral
depending on her fitness status as of the  close-out  date  of  the  report.
Instead, she was fortunate enough to have a  favorable  report.   Since  she
provided no statements from the evaluators, there is no evidence  that  they
marked her down strictly based on her physical fitness test failure.

The delay in her medical diagnosis does not make the report inaccurate;  nor
does it justify  changing  or  voiding  a  report.   Based  on  the  medical
information known at the time, and the fact that she was in a failed  status
on the close-out date of the report, a mark down on her EPR  was  justified.
Unfortunately, the Air Force is not in the  habit  of  changing  evaluations
because of a medical condition that may have, could have,  or  should  have,
been diagnosed earlier.

The complete DPSIDEP evaluation is at Exhibit C.

AFPC/DPSOE defers  to  the  recommendation  of  AFPC/DPSIDEP  regarding  the
applicant’s request to have the EPR removed or rewritten.

The first time the contested report will be used in  the  promotion  process
is cycle 09E6.

The complete AFPC/DPSOE evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  25
Jul 08, for review and  comment  within  30  days.   As  of  this  date,  no
response has been received by this office.

_________________________________________________________________

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.   After  a  thorough  review   of   the
applicant’s submission and the available evidence  of  record,  we  are  not
persuaded the applicant should be awarded the  requested  relief.   We  took
notice of the complete  submission  in  judging  the  merits  of  the  case;
however, we agree with the opinions and recommendations  of  the  Air  Force
offices 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 an injustice.  In the absence of persuasive evidence to the contrary,  we
find no compelling basis to recommend granting the  relief  sought  in  this
application.

_________________________________________________________________

THE BOARD RECOMMENDS 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-2008-
01852 in Executive Session on 16 Dec 08, under the  provisions  of  AFI  36-
2603:

                 Ms. Charlene M. Bradley, Panel Chair
                 Mr. Elwood C. Lewis III, Member
                 Mr. Alan A. Blomgren, Member

The following  documentary  evidence  was  considered  under  AFBCMR  Docket
Number BC-2008-01852:

   Exhibit A.  DD Form 149, dated 7 May 08, w/atchs.
   Exhibit B.  Applicant’s Master Personnel Records.
   Exhibit C.  Memo, AFPC/DPSIDEP, dated 26 Jun 08.
   Exhibit D.  Memo, AFPC/DPSOE, dated 8 Jul 08.
   Exhibit E.  Letter, SAF/MRBR, dated 25 Jul 08.





                                   CHARLENE M. BRADLEY
                                   Panel Chair