RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01122

		COUNSEL:  NONE

		HEARING DESIRED:  NO 


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APPLICANT REQUESTS THAT:

1.  His overall performance rating of “3,” as reflected in the Military Personnel Data System (MilPDS), for the reporting period 1 Apr 08 thru 31 Mar 09, be corrected to reflect an overall rating of “5.”  

2.  He be credited with the award of the Air Force Achievement Medal with one Bronze Oak Leaf Cluster (AFAM w/1OLC).  

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APPLICANT CONTENDS THAT:

1.  The rating reflected in MilPDS for the contested rating period is unjustifiable.  His supervisor never generated an enlisted performance report (EPR) for this period.  As such, MilPDS should be corrected to reflect an overall rating of “5.”  

2.  His records were accidentally destroyed and although his DD Form 214, Certificate of Release or Discharge from Active Duty, for the period 16 Mar 92 thru 15 Aug 97, indicates he received an AFAM w/1OLC, according to his MilPDS records, he has only been credited with the AFAM basic award.  

3.  These errors will prevent him from being fairly considered for promotion under the Weighed Airman Promotion System (WAPS).

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

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STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the grade of staff sergeant (E-5).  

The applicant’s record contains an AF Form 77, Letter of Evaluation, dated 6 Dec 10, for the contested reporting period which indicates that an EPR for the noted reporting period was not available due to administrative reasons.  However, according to information extracted from MilPDS, the applicant received an overall performance rating of “3” for this reporting period.  

On 5 Sep 13, AFPC/DPSIDE informed the applicant that he had not exhausted his administrative remedies with respect to his record of performance in MilPDS and that he should submit an AF Form 948, Application for Correction/Removal of Evaluation Reports, to seek relief through the Evaluation Report Appeals Board (ERAB).  The applicant was advised of the type of documentation that would be useful in the ERAB’s deliberation of his request.  

The remaining relevant facts pertaining to this application is described in the letter prepared by the Air Force office of primary responsibility, which are attached at Exhibit C.  

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AIR FORCE EVALUATION:

AFPC/DPSID recommends denial of the applicant’s request for award of the AFAM (1OLC).  The applicant contends he was awarded the AFAM (1OLC) as annotated on his DD Form 214.  While the applicant was awarded the AFAM per Department of the Air Force, Special Order GA-005, dated 21 Nov 04, there is no special order authorizing him award of the AFAM w/1OLC.  After a thorough review of his official military personnel record, there is no documentation verifying he was ever submitted for or awarded the AFAM/1OLC.  

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 31 Oct 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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice in regards to the applicant’s overall performance rating as reflected in the Military Personnel Data System (MilPDS).  After a thorough review of the evidence of record, we are not persuaded that the contested EPR rating is an inaccurate depiction of the applicant’s performance and demonstrated potential for the period in question.  While the applicant contends that his supervisor never generated an EPR for this period and he should therefore receive the highest possible rating of “5;” other than his own assertions, he has provided no evidence which would lead us to believe the rater did not prepare a report which reflected the rating indicated in MilPDS.  While it appears the report is not available for administrative reasons, based on the presumption of regularity in the conduct of governmental affairs, absent evidence to the contrary, we must assume the applicant’s report was prepared in compliance with the directive under which it was effected and that MilPDS was appropriately updated to reflect the rating indicated when the EPR was processed.  As for his request for the Air Force Achievement Medal (First Oak Leaf Cluster), we agree with the opinion and recommendation of AFPC/DPSID and adopt its rationale as the basis for our conclusion that there is insufficient documentary evidence to warrant correcting the applicant’s MilPDS records to reflect he was awarded the AFAM (1OLC).  We note the annotation of an AFAM w/1OLC on the applicant’s DD Form 214; however, he has failed to provide any corroborative evidence in support of being awarded the AFAM w/1OLC.  Also his record does not contain any documentary evidence which substantiates he was the recipient of said award.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.  

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered AFBCMR Docket Number BC-2013-01122 in Executive Session on 23 Jan 14, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member







The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-01122 was considered:

	Exhibit A.  DD Form 149, dated 28 Feb 13.
	Exhibit B.  Applicant's Master Personnel Records
	Exhibit C.  Letter, AFPC/DPSID, dated 13 May 13.
	Exhibit D.  Letter, SAF/MRBR, dated 31 Oct 13.




                                   
                                   Acting Panel Chair

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