RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00663
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. Her Enlisted Performance Report (EPR) ending 12 December
2008, be changed to an overall rating of 3 or higher.
2. Her Unfavorable Information File (UIF) be removed from her
records.
3. Her Letter of Reprimand (LOR) be removed from her record.
________________________________________________________________
APPLICANT CONTENDS THAT:
She received a Letter of Reprimand (LOR) in September 2008 and
an UIF in October 2008 for not completing an on-line training
record by a specific date. These actions resulted in her
receiving an overall rating of 2 on her EPR. She should not
have received the LOR because she was unable to register for the
on-line training. She tried several times to contact the point
of contact (POC) to register for training; however, because of
his busy schedule she was unable to resolve the matter. On one
occasion, the POC specifically told her not to worry about being
registered because her training folder had been misplaced.
The misplacement of her training folder, which prevented her
from registering for training, was beyond her control; however,
she was given a LOR for not completing the task. The
information in the LOR that stated she was a day-shift worker
was false because she had been an evening shift worker for six
months or longer. She was never told if the rebuttal to the LOR
was accepted or rejected.
In support of her request, the applicant provides a personal
statement, copies of her DD Form 214, Certificate of Release or
Discharge from Active Duty and a statement from her Education
and Training Noncommissioned Officer in charge.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 12 April 2000
and was progressively promoted to the grade of staff sergeant.
On 12 December 2008, the applicant was issued a referral EPR
because she demonstrated a pattern of misconduct and failed to
meet deployed readiness deadlines. These violations resulted in
a LOR/UIF being established by the commander. On 12 December
2008, the applicant acknowledged receipt of the letter of
notification for the referral EPR and on 22 December 2008, she
submitted comments on her own behalf.
The applicant did not file an appeal through the Evaluation
Reports Appeals Board (ERAB) under the provisions of AFI 36-
2401, Correcting Officer and Enlisted Evaluation Reports.
The remaining relevant facts pertaining to this application,
extracted from the applicants military records are contained in
the letters prepared by the appropriate offices of the Air Force
at Exhibits C, D, and E.
On 2 July 2009, the applicant was honorably discharged in the
grade of staff sergeant after serving 8 years, 10 months and
26 days of total active military service.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIMC recommends denial. DPSIMC states that on 8 March
2010, their office requested that the applicant provide a copy
of the LOR/UIF to substantiate her claim; however, she failed to
respond. The applicant believes the LOR/UIF was unjust; however,
the UIF program is a commanders program and can be used at
his/her discretion.
The complete DPSIMC evaluation is at Exhibit C.
AFPC/DPSID recommends denial. DPSID states that the applicant
contends her overall rating of 2 on her EPR was a result of an
LOR/UIF; however, she provides no compelling evidence to
substantiate her claim. Evaluators are charged with assessing
performance and documenting that performance for a specific
period of time. Therefore, an evaluation report is considered
to represent the rating chains best judgment at the time it is
completed. DPSID contends that once a report is accepted for
file, only strong evidence to the contrary warrants correction
or removal from an individuals record. The burden of proof is
on the applicant. The applicant has not substantiated that the
contested report was not rendered in good faith by all
evaluations based on knowledge available at the time.
The complete DPSID evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 30 July 2010 for review and comment within 30 days.
As of this date, this office has received no response (Exhibit
E).
________________________________________________________________
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 an error or an injustice. After
thoroughly reviewing all of the evidence provided, we are not
persuaded the contested report is inaccurate for the period in
question. Other than her own assertions, we have seen no
evidence by the applicant that would lead us to believe the
report is inappropriate, or that the report is technically
flawed. Therefore, 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 the applicant has not been the victim of an error or
injustice. In the absence of evidence to the contrary, the
applicant's request is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of a 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 Docket Number BC-
2010-00663 in Executive Session on 7 October 2010, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to Docket Number
BC-2010-00663 was considered:
Exhibit A. DD Form 149, dated 5 Feb 10, w/atchs.
Exhibit B. Applicants Master Personnel Record.
Exhibit C. Letter, AFPC/DPSIM, dated 8 Mar 10.
Exhibit D. Letter, AFPC/DPSIMC, undated.
Exhibit E. Letter, AFPC/DPSID, 5 Jul 10.
Exhibit F. Letter, SAF/MRBR, dated 30 July 2010.
Panel Chair
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