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AF | BCMR | CY2013 | BC 2013 01817
Original file (BC 2013 01817.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01817

		COUNSEL:  NONE

		HEARING DESIRED:  NO 


________________________________________________________________

APPLICANT REQUESTS THAT:

His Enlisted Performance Report (EPR), rendered for the period 
17 Feb 12 through 16 Feb 13, Section IX. Ratee’s 
Acknowledgement, be corrected to reflect “No” rather than “Yes.”

________________________________________________________________

APPLICANT CONTENDS THAT:

The section should have been marked “No” as he did not receive 
all the required feedback. 

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in 
grade of senior airman (E-4).

The contested EPR reflects the applicant was provided feedback 
on 12 Dec 12 and was signed by the rater and the reviewer on 
27 Mar 13.

On 28 Mar 13, the applicant acknowledged receipt of the 
contested EPR and that all required feedback had been 
accomplished during the reporting period.

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

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSID recommends denial indicating there is no evidence of 
an error or an injustice.  The applicant has not provided any 
evidence showing he did not receive the required feedback during 
the rating period.  Furthermore, there was no evidence provided 
to show that the report was unjust or inaccurate as written.  
The applicant did not file an appeal through the Evaluation 
Report Appeals Board (ERAB).  Under the provisions of AFI 36-
2406, Officer and Enlisted Evaluation Systems, a report is not 
erroneous or unfair because the applicant believes it 
contributed to the lack of counseling or feedback.  While Air 
Force policy requires performance feedback for personnel, a 
direct correlation between information provided during the 
feedback session and the assessments on an evaluation report 
does not necessarily have to exist.  For example, if after a 
positive feedback session, an evaluator discovers serious 
problems, the evaluator must record the problem in the 
evaluation report even when it disagrees with the previous 
feedback.  Additionally, a formal feedback does not negate any 
day-to-day interaction that may include any type of formal 
feedback/counseling, whether verbal or in writing.  Furthermore, 
the lack of counseling or feedback, by itself, is not sufficient 
justification to challenge the accuracy or justness of a report.  
Evaluators must confirm that they did not provide counseling or 
feedback, and that this directly resulted in an unfair 
evaluation.  Raters are required to conduct a feedback session 
with the ratee after all evaluators have signed the evaluation.  
The evaluation was completed within the regulatory Air Force 
requirements.  Although the applicant may feel that this was an 
injustice, he did not provide sufficient evidence to prove that 
the evaluator was in direct violation of the AFI.  An evaluation 
report is considered to represent the rating chain's best 
judgment at the time it is rendered.  Air Force policy is that 
once a report is accepted for file, only strong evidence to the 
contrary warrants correction or removal from an individual's 
record.  The burden of proof is on the applicant.  The applicant 
has not substantiated that the contested report was not rendered 
in good faith by all evaluators based on knowledge available at 
the time.

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

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 12 May 14 for review and comment within 30 days 
(Exhibit C).  As of this date, no response has been received by 
this office.

________________________________________________________________

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.  In this 
respect, we note this Board is the highest administrative level 
of appeal within the Air Force.  As such, an applicant must 
first exhaust all available avenues of administrative relief 
provided by existing law or regulations prior to seeking relief 
before this Board, as required by the governing Air Force 
Instruction.  In this respect, we note the Air Force office of 
primary responsibility has reviewed this application and 
indicated there is an available avenue of administrative relief 
the applicant has not first pursued, the Evaluation Reports 
Appeal Board (ERAB).  In view of this, we find this application 
is not ripe for adjudication at this level as there exists a 
subordinate level of appeal that has not first been depleted.  
Therefore, in view of the above, we find no compelling basis to 
recommend granting the relief sought in this application.

________________________________________________________________

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-2013-01817 in Executive Session on 10 Jun 14, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149s, dated 10 Apr 13 and 24 Apr 13,
	            w/atchs.
	Exhibit B.  Applicant's Master Personnel Records
	Exhibit C.  Letter, AFPC/DPSID, dated 11 Apr 14.
	Exhibit D.  Letter, SAF/MRBR, dated 12 May 14.




                                   Panel Chair

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