RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-00264
			COUNSEL:  NONE
 			HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His 29 Nov 2010, 22 Feb 2011, 23 May 2011 and 18 Aug     
2011 Fitness Assessments (FA) be declared void and removed from 
the Air Force Fitness Management System (AFFMS) 
(Administratively Corrected).  

2.  His referral Enlisted Performance Report (EPR) for the 
period ending 1 Jun 2011 be declared void and removed from his 
records (Administratively Corrected).  

3.  The referral EPR be replaced with a firewall “5” EPR.  

4.  His promotion to the grade of Staff Sergeant (SSgt) be 
reinstated and he receive back pay (Administratively Corrected).  

5.  He be given supplemental promotion testing consideration for 
promotion to the grade of Technical Sergeant (TSgt) by waiving 
the Promotion Eligibility Cutoff Date requirement 
(Administratively Corrected).   

________________________________________________________________

APPLICANT CONTENDS THAT:

He suffered a slipped vertebral disc which was incorrectly 
diagnosed at the time of the failed FAs.  As a result of the 
failed FA’s, his projected promotion to the grade of SSgt was 
cancelled and he received a referral EPR.

The physician who conducted the Command Directed Physical 
Evaluation and the neurosurgeon stated that the undiagnosed 
medical condition prevented him from passing the four FAs.  He 
would have passed the FAs with a score of 84 had he been on the 
appropriate profile.

In support of his requests, the applicant provides a personal 
statement, copies of his Standard Form (SF) 600, Chronological 
Record of Medical Care; EPRs and letters of support from his 
physician, neurosurgeon and commander.  

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently on active duty in the grade of SSgt.    

Although DPSOE initially recommended denial of the applicant’s 
request to be supplementally considered for promotion to the 
grade of TSgt; in a letter dated 5 Mar 2014, DPSOE advised the 
applicant that as a result of the removal of his referral EPR 
and reinstatement of his promotion to the grade of SSgt with a 
DOR and effective date of 1 Jun 2011, he is eligible for 
promotion consideration to the grade of TSgt for Cycle       
13E6.  Since he has never tested for TSgt, he will receive 
supplemental promotion consideration for Cycle 13E6 once he has 
tested for Cycle 14E6.  His Cycle 14E6 results will be applied 
retroactively to Cycle 13E6; however, he will not receive 
results until after the Cycle 14E6 results are publicly 
released. 

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDE states that the Evaluation Report Appeals Board 
(ERAB) approved the applicant’s request to void the referral EPR 
and replace it with an AF Form 77, Letter of Evaluation, stating 
“Not rated for the above Period.  Report was removed by Order of 
the Chief of Staff, USAF.”  His request to substitute the 
referral EPR with the provided report was denied due to the fact 
the evaluators on the report are different from the original 
report along with unexplained verbiage changes. IAW AFI       
36-2401, the substituted report must be signed by the evaluators 
who signed the original report (this includes the commander).  

The complete DPSIDE evaluation, with attachment, is at Exhibit 
C.  

DPSOE recommends denial of the applicant’s request to be 
supplementally considered for promotion to the grade of TSgt for 
Cycle 13E6.  The applicant is not eligible for promotion 
consideration to the grade of TSgt for Cycle 13E6 as requested 
since he does not have sufficient Time-in-Grade (TIG).  In order 
to be eligible for promotion consideration to TSgt for Cycle 
13E6, the applicant must have a SSgt DOR of 1 Aug 2011 or later 
[sic] (at least 23 months TIG).  The DOR requirement for 
promotion eligibility has never been waived, nor is there a 
reason to waive it due to the removal of the referral EPR.  
DPSOE reinstated the applicant’s line number for promotion to 
the grade of SSgt and updated his record to reflect a DOR and 
effective date of 1 Jun 2011.  

The complete DPSOE evaluation is at Exhibit D.

________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He is concerned that there has been a miscommunication 
concerning his eligibility for supplemental promotion 
consideration to the grade of TSgt for Cycle 13E6.  As a SSgt 
with a DOR of 1 Jun 2011, he should have tested for promotion 
during Cycle 13E6 IAW AFI 36-2502, Airman Promotion Program. 

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has not 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 error or injustice to warrant 
replacing the contested EPR with a firewall “5.”   Therefore, we 
agree with the opinion and recommendation of DPSIDE and adopt 
the rationale expressed as the basis for our conclusion the 
applicant has not been the victim of an error or injustice.  We 
note the Air Force Offices of Primary Responsibility (OPR) has 
administratively corrected the applicant’s remaining requests.  
As such, other than the administrative corrections, 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-2013-00264 in Executive Session on 13 Mar 2014 under 
the provisions of AFI 36-2603:

         , Panel Chair
	 , Member
	 , Member



The following documentary evidence in AFBCMR Docket Number BC-
2013-00264 was considered:

Exhibit A.  DD Form 149, dated 21 Nov 2012, w/atchs.
Exhibit B.  E-mail, AFPC/DPSIM, undated, w/atch.
Exhibit C.  Letter, AFPC/DPSIDE, 29 Oct 2013, w/atch. 
Exhibit D.  Letter, AFPC/DPSOE, dated 6 Dec 2013.
Exhibit E.  Letter, SAF/MRBR, dated 24 Jan 2014. 
Exhibit F.  Letter, Applicant, dated 14 Feb 2014.
Exhibit G.  Letter, AFPC/DPSOE, dated 5 Mar 2014.   




					 			     		
					Panel Chair