RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05231
COUNSEL: NONE
HEARING DESIRED: NO
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APPLICANT REQUESTS THAT:
His referral Enlisted Performance Report (EPR) covering the period 5 Aug 11 through 4 Aug 12 be declared void and removed from his records.
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APPLICANT CONTENDS THAT:
His referral EPR for the period 5 Aug 11 through 4 Aug 12, which was only a referral due to his 27 Jul 12 Fitness Assessment (FA) failure, should be declared void and removed from his record because the Air Force Personnel Center (AFPC) determined his 27 Jul 12 FA was invalid, and removed it from the Air Force Fitness Management System (AFFMS).
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STATEMENT OF FACTS:
The applicant served in the Air Force in the grade of staff sergeant during the period of time in question.
On 28 Aug 12, the applicants supervisor notified him he was referring his EPR for the period 5 Aug 11 through 4 Aug 12 because the applicant failed to meet PT standards IAW AFI 36-2905.
On 3 Dec 12, AFPC/DPSIM determined the applicants 27 Jul 12 FA failure, which was the cause of referral EPR, was invalid and removed it from the AFFMS.
The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR) which is included at Exhibit C.
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AIR FORCE EVALUATION:
AFPC/DPSID recommends granting, indicating there is evidence of an error or injustice. Based upon the removal of the 27 Jul 12 FA by the Air Force subject matter expert, the FA failure was inappropriate for comment on the contested referral EPR and as a result, the referral EPR should be removed in accordance with all applicable Air Force policies and procedures.
A complete copy of the AFPC/DPSID evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 1 Mar 13 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D).
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THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that relief should be granted. Therefore, we recommend the applicants record be corrected as indicated below.
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THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that the Enlisted Performance Report (AB thru TSgt), AF Form 910, rendered for the period 5 August 2011 through 4 August 2012, be declared void and removed from his records.
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The following members of the Board considered AFBCMR Docket Number BC-2012-05231 in Executive Session on 29 Aug 13, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
All members voted to correct the records as recommended. The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 Nov 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 19 Feb 13.
Exhibit D. Letter, SAF/MRBR, dated 1 Mar 13.
Panel Chair
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