RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04324
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Enlisted Performance Report (EPR) for the period of 16 Jan
11 to 28 Feb 12 be replaced with the re-accomplished EPR he
provides.
________________________________________________________________
APPLICANT CONTENDS THAT:
His AF Form 910, Enlisted Performance Report (AB thru TSgt),
includes a markdown made in error. Section III, Item 1,
Primary/Additional Duties, was inadvertently marked as Above
Average when it should reflect Clearly Exceeds.
He was deployed when the EPR was accomplished and did not sign
the EPR.
He has evidence from his chain of command that the markdown is
in error; however, his commander will not accomplish a
Memorandum for Record (MFR) stating that the EPR he signed did
not have markdowns.
In support of his request, he provides a copy of a corrected
EPR, letters of support and e-mail communique.
The applicants complete submission, with attachments is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is on active duty in the Regular Air Force.
His AF Form 910 for the period ending 28 Feb 12, Section III,
Item 1, is marked Above Average and Section IX, Ratee
Acknowledgement, reflects Member unable to sign.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial as the applicant has not exhausted
all available avenues of administrative relief prior to seeking
correction of his records. The Air Force Board for Correction
of Military Records is the highest level of administrative
appeal within the Department of the Air Force. The Board will
not consider a case until all avenues of administrative relief
have been exhausted. The applicant did file an appeal through
the Evaluation Report Appeals Board (ERAB) under the provisions
of AFI 36-2401, Correcting Officer and Enlisted Evaluations
Reports; however, the ERAB considered the appeal and after a
thorough review, it was returned without action due to a lack of
corroborating evidence to clearly prove that the lower marking
was inadvertent. If the applicant wishes to substitute the
contested report, he must provide the re-accomplished, corrected
report in support of the appeal. In addition, since the
requested change is not for minor corrections to the existing
EPR on file, he will need to address any content changes or
markings between reports and the reason for the change. DPSID
recommends the applicant resubmit a new AF Form 948, Application
for Correction/Removal of Evaluation Reports, with all required
supporting documentation through the Virtual Military Personnel
Flight (vMPF).
The complete DPSID evaluation is at Exhibit B.
_____________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 12 Aug 14, a copy of the Air Force evaluation was provided to
the applicant for review and comment within 30 days (Exhibit C).
As of this date, this office has not received a 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. 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. 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. 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 basis to recommend granting the
relief sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that he has not exhausted all
available avenues of administrative relief prior to submitting
his application to the BCMR; and the application will only be
reconsidered upon exhausting all subordinate avenues of
administrative relief.
________________________________________________________________
The following members of the Board considered Docket Number BC-
2013-04324 in Executive Session on 18 Sep 14, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Apr 13, w/atchs.
Exhibit B. Letter, AFPC/DPSID, dated 13 Jul 14.
Exhibit C. Letter, SAF/MRBR, dated 12 Aug 14.
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