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AF | BCMR | CY2010 | BC-2010-00850
Original file (BC-2010-00850.txt) Auto-classification: Denied
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. 

 

Applicant’s 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). 

 

Applicant’s 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 applicant’s 
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. Applicant’s 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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