RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01578
INDEX CODE: 131.00
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he was promoted to the grade
of airman first class (A1C).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He has paperwork showing he should have been promoted to A1C on
16 Aug 09.
In support of his appeal, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty, and a memorandum from the 20th Logistics Readiness
Squadron.
Applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 16 Oct 07, the applicant contracted his enlistment in the
Regular Air Force. He was promoted to the grade of airman,
having assumed that grade effective and with a date of rank of
16 Apr 08.
The applicant was eligible for promotion to A1C on 16 Feb 09;
however, his commander placed his promotion on hold due to his
substandard performance until 16 Aug 09.
He received a referral enlisted performance report (EPR) for the
period 16 Oct 07 through 15 Feb 09 for failing to adhere to Air
Force standards.
He was honorably discharged on 7 May 09. He served 1 year,
6 months and 22 days of active service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOE recommends denial. DPSOE states the applicant was not
eligible for promotion due to his receiving a referral EPR.
DPSOE further notes even if the performance report were removed
from his records, he would still be ineligible for promotion to
A1C on 16 Aug 09, as he was no longer on active duty in the Air
Force.
The complete AFPC/DPSOE evaluation, with attachment, is at
Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 11 Jun 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. We took
notice of the applicants complete submission in judging the
merits of the case; however, 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 that the
applicant has failed to sustain his burden of proof of the
existence 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-2010-01578 in Executive Session on 23 Sep 10, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Apr 10, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOE, dated 21 May 10, w/atch.
Exhibit E. Letter, SAF/MRBR, dated 11 Jun 10.
Panel Chair
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