RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00919 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His Enlisted Performance Report (EPR) rendered for the period 
12 November 2008 through 10 May 2009 be voided and removed from 
his records and his promotion line number to the grade of staff 
sergeant (E-5) be restored. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His Driving under the Influence (DUI) incident occurred on 
12 October 2008. His chain-of-command marked-down his off duty 
conduct section on his EPR closing 11 November 2008 and again on 
his EPR closing 10 May 2009. There was no intention to refer his 
2009 EPR in the four submissions prior to the 09E5 promotion 
release. 

 

In support of his request, the applicant submits copies of a 
letter of support from his current commander; a memorandum from 
the Commandant, Airman Leadership School; his DUI court 
documents; several EPRs, Letter of Reprimand, EPR Referral 
notification, and his rebuttal to the referral EPR. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

According to the Military Personnel Data System (MilPDS) the 
applicant is currently serving on active duty in the grade of 
senior airman (E-4) with a date of rank of 1 January 2007. He 
has a Total Active Federal Military Service Date of 1 July 2004 
and a projected date of separation of 3 June 2013. 

 


The following is a resume of the applicant’s EPR profile: 

 

 PERIOD ENDING PROMOTION RECOMMENDATION 

 

 28 Feb 06 (A1C) 5 

 28 Feb 07 (SrA) 5 

 29 Feb 08 5 

 11 Nov 08 4 

 10 May 09* 3 

 12 Mar 10 5 

* Contested report 

 

The remaining relevant facts, extracted from the applicant’s 
service records, are contained in the Air Force evaluations at 
Exhibits B and C. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIDEP recommends denial. DPSIDEP states the applicant 
filed an appeal through the Evaluation Reports Appeal Board 
(ERAB) under the provisions of Air Force Instruction 36-2401, Correcting Officer and Enlisted Evaluation Reports. He requested 
the contested report be removed because it had not been referred 
to him; however, the ERAB directed the report be referred to the 
applicant and the case was closed. The applicant provided a 
statement from his rater on his November 2008 EPR indicating she 
marked him down because he had been arrested and spent over night 
in jail; therefore, she felt it was best at that time to mark him 
down. Since the DUI took place during this reporting period 
(2008) it could have been mentioned, and the report could have 
been made a referral; however, the applicant received an overall 
“4” rating with no mention of the incident. On 26 March 2009, 
the applicant received a Letter of Reprimand (LOR) and 
Unfavorable Information File (UIF), which fell in the reporting 
period of the 2009 EPR. The rater did not mention the incident; 
however, the additional rater disagreed with the rater and 
mentioned the LOR, UIF, and DUI. Although the LOR/UIF was for an 
incident that took place in the reporting period of the November 
2008 EPR, the LOR/UIF was given during the period of the 2009 EPR 
and; therefore, the additional rater’s actions were appropriate. 

 

DPSIDEP indicates that although originally the contested report 
was not referred, this error was corrected through the ERAB, the 
EPR has been since referred, and the applicant was given the 
opportunity to submit his rebuttal. The applicant has not shown 
any further error or injustice. 

 

The complete DPSIDEP evaluation is at Exhibit B. 

 

AFPC/DPSOE defers to the DPSIDEP recommendation. DPSOE states 
the applicant was considered and tentatively selected for 
promotion to staff sergeant during cycle 09E5 per promotion 


sequence number (PSN) 4560 which would have incremented 
1 December 2009. However, when he received the referral report, 
it automatically cancelled his promotion in accordance with Air 
Force Instruction 36-2502, Table 1.1, Rule 22. Should the Board 
grant the applicant’s request to remove the referral report, it 
could direct the promotion to staff sergeant be reinstated with a 
date of rank and effective date of 1 December 2009. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

Copies of the Air Force evaluations were forwarded to the applicant 
on 11 June 2010, for review and comment within 30 days (Exhibit D). 
As of this date, this office has received no response. 

 

_________________________________________________________________ 

 

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. We took 
notice of the applicant's 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 the applicant has not been the victim of an error or 
injustice. Therefore, in the absence of 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-2010-00919 in Executive Session on 10 November 2010 
under the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence for AFBCMR Docket Number BC-
2010-00919 was considered: 

 

Exhibit A. DD Forms 149, dated 3 Mar 10, w/atchs. 

Exhibit B. Letter, AFPC/DPSIDEP, dated 10 May 10. 

Exhibit C. Letter, AFPC/DPSOE, dated 14 May 10. 

Exhibit D. Letter, SAF/MRBR, dated 11 Jun 10. 

 

 

 

 

 

 Panel Chair