RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-02460

	 	COUNSEL:  NONE INDICATED

		HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His involuntary separation decision by the Quality Force Review Board (QFRB) be declared void and removed from his records.  


APPLICANT CONTENDS THAT:  

His AF Form 910, Enlisted Performance Report (EPR) (AB thru TSgt), rendered for the period 13 August 2013 thru 1 March 2014 was not considered by the QFRB since it closed out after the board’s cut-off date of 1 December 2013.  His overall performance assessment during this reporting period was rated as “truly among the best”.  The QFRB did not have this key information available at the time they assessed his potential for continued military service.  His superior performance during this period warrants reconsideration of the QFRB’s original decision.  Also, he has the support for retention from his Commander and the Command Chief Master Sergeant.  

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


STATEMENT OF FACTS:

The applicant’s military personnel records indicate he enlisted in the Regular Air Force on 13 December 2011.  

On 1 May 2012, the applicant received non-judicial punishment (NJP) under Article 15 of the Uniform Code of Military Justice (UCMJ) for providing alcohol to persons below the legal age to consume alcohol, in violation of Article 92.  His commander imposed punishment consisting of restriction to the base for 14 days, forfeitures of $150.00 pay, and a reprimand.  

On 12 August 2013, the applicant’s EPR rendered for the period 13 December 2011 thru 12 August 2013, was referred to him for comments related to the aforementioned Article 15.  

In accordance with Personnel Services Delivery Memorandum (PSDM) 13-125, FY14 Enlisted Quality Force Review Board (QFRD), Board ID 14RO, the QFRB reviewed reports closing 1 December 2013 or earlier; therefore, for an airman to be added to/removed from the QFRB, the closeout date of their report MUST have been on or before 1 December 2013.  In addition, a CRO/CC directed report had to be initiated prior to 18 December 2013.  

On 5 May 2014, by direction of The Secretary of the Air Force, a QFRB was convened to consider continued service of airmen with specified negative reporting identifiers (RIs), reenlistment eligibility (RE) codes, and assignment availability codes (AACs), or grade status reasons (GSRs).  

On 5 June 2014, the applicant’s commander notified him that he was considered but not selected for retention by the QFRB.  

On 29 September 2014, the applicant was honorably discharged, with a narrative reason for separation of “Completion of Required Active Service,” along with a separation program designator (SPD) code of “JKB” and RE code of “3K”.  He was credited with 2 years, 9 months, and 17 days of active service.  

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 attached at Exhibit C.  


AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial.  The QFRB conducted a comprehensive review of the applicant’s entire record in accordance with the proper procedures and determined that he could not be retained.  In this case, the applicant was placed on the QFRB roster due to negative quality indicators; specifically, an Article 15 and referral EPR.  It was as a result of these circumstances that the applicant was selected to meet the QFRB and was not selected for retention.  Furthermore, the applicant’s contested EPR closed out after the mandatory close-out date indicated in PSDM 13-125 and could not be considered.  There is no evidence of an error or injustice since the correct procedures were followed to preclude the applicant’s contested EPR from the QFRB’s consideration.  Records reviewed by the QFRB are considered accurate at the time of review.  

A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant argues that four months after joining the Air Force he made a poor decision to supply alcohol to minors.  He accepted the punishment for his actions and decided to start afresh at his first duty assignment.  As such, he sought out opportunities to develop himself and others, as well as, excel in his positions.  He tried to put his offense behind him and become an Airman that his family, friends, and fellow military brethren could be proud of.  He realize that his poor decision very early in his career cannot be undone; however, he is proud of his service to his country and want to continue serving in the United States Air Force.  


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 injustice.  We took notice of the applicant’s complete submission, to include his rebuttal response, in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  While the applicant contends he was denied the opportunity for the QFRB to review his most recent EPR and argues he excelled in the military after making a poor decision early on in his career, we are not persuaded the applicant was denied rights to which he was entitled, appropriate standards were not followed, or that he was treated any differently than anyone similarly situated.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.  


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.


The following members of the Board considered AFBCMR Docket Number BC-2014-02460 in Executive Session on 3 February 2015, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-02460 was considered:

	Exhibit A.  DD Form 149, dated 13 June 2014, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPSOR, dated 28 August 2014.
Exhibit D.  Letter, SAF/MRBR, dated 12 November 2014.
Exhibit E.  Letter, Applicant, dated 5 December 2014.

						
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