RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04040
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
The Enlisted Performance Report (EPR) with the close-out date of
30 November 2012, be removed from his records.
________________________________________________________________
APPLICANT CONTENDS THAT:
He believes his performance and conduct during this rating
period with regard to military standards were above average.
His rating did not reflect this high standard. This may be due
to a difference in opinion with his section chief/rater. He was
asked to perform activities that were not in accordance with the
approved methodology and respectfully declined as it may have
compromised the mission. This may have been interpreted as an
unintentional sign of disrespect and he was rated accordingly.
For this reason, he respectfully requests the EPR in question be
removed.
In support of the appeal, the applicant provides the contested
EPR, Letters of Evaluations, EPRs and Letters of Appreciation.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in
the grade of technical sergeant. During the rating period with
the close-out date of 30 November 2012, the applicant was rated
Meets in Standards, Conduct, Character and Military Bearing
and was rated Above Average (4) in Overall Performance
Assessment.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDE recommends denial noting the applicant has not
exhausted all available avenues of administrative relief.
The Air Force Board for Correction of Military Records (AFBCMR)
is the highest level of administrative appeal within the
Department of the Air Force. Upon review of the case, it has
been determined the first avenue of relief is through the
Evaluation Report Appeals Board (ERAB). The application was
forwarded to the ERAB and was returned without action pending
additional documentation. If the applicant wishes to void the
contested report, he must provide factual, specific and
substantial information that is from credible officials or
agencies and is based on firsthand observation. He must prove
the report was not rendered in good faith by all evaluators
based on the knowledge available at the time.
The applicant should submit an AF Form 948, Application for
Correction/Removal of Evaluation Reports with all required
supporting documentation.
The complete DPSIDE 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 5 June 2014, for review and comment within 30 days
(Exhibit D). As of this date, this office has received no
response.
________________________________________________________________
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. 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. The Air Force Office of
Primary Responsibility (OPR) has reviewed this application and
noted the applicant has not filed an appeal through the
Evaluation Reports Appeals Board (ERAB). In view of this, we
find this application is not ripe for adjudication at this
level, as there is a subordinate level of appeal that has not
first been depleted. Therefore, in view of the above, we find
no basis to recommend granting this portion of the applicants
request.
________________________________________________________________
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-2013-04040 in Executive Session on 15 July 2014 under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Aug 13, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDE, dated 30 Apr 14.
Exhibit D. Letter, SAF/MRBR, dated 5 Jun 14.
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