RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00850
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Enlisted Performance Report (EPR) rendered for the period
1 Apr 08 through 31 Mar 09 be declared void and removed from his
records.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He received a referral EPR for being arrested for the assumption
of driving while under the influence (DWI). The DWI charge was
dropped to a reckless/operation charge four months after the EPR
was given.
In support of his appeal, the applicant provides documents
extracted from his military personnel records and a copy of Court
Minutes from the Shreveport City Court.
Applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on active duty in the grade of
Senior Airman (SrA).
Applicants EPR profile is listed below:
PERIOD ENDING OVERALL EVALUATION
15 Jul 07 5
31 Mar 08 5
*31 Mar 09 3
05 Oct 09 5
*Contested Report
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of the
Air Force, which is attached at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDEP recommends denial. AFPC/DPSIDEP notes that during
the reporting period of the contested report, the applicant was
arrested for DWI and received a Letter of Reprimand and placed on
the Control Roster. Although the charges may have been reduced
after the EPR was rendered, the fact is the applicant was
arrested for DWI, received an LOR, and was placed on the Control
Roster. Therefore, the EPR in question is accurate based on the
status as of the close out date of the report.
The complete AFPC/DPSIDEP evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 28 May 10, 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 an error or an injustice. After a
thorough review of the evidence of record and the applicants
submission, we agree with the opinion and recommendation of the
Air Force office of primary responsibility and adopt its
rationale as the basis for our decision the applicant has failed
to sustain his burden of proof of the existence of either an
error or an injustice. Therefore, in the absence of persuasive
evidence to the contrary, we find no basis to recommend granting
the relief sought in this application.
____________________________________________________________
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 AFBCMR Docket
Number BC-2010-00850 in Executive Session on 12 Aug 10, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Feb 10, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDEP, dated 10 May 10.
Exhibit D. Letter, SAF/MRBR, dated 28 May 10.
Panel Chair
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