RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04596
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Referral Enlisted Performance Report (EPR) for the period
14 March 2012 through 13 March 2013 be removed from his records.
APPLICANT CONTENDS THAT:
His EPR was unjustly downgraded in all categories. He was not
able to get his chain-of-command to adjust his EPR prior to the
close-out. He sought assistance from his chain-of-command and
the Inspector General (IG), and it was recommended that he
proceed to the Air Force Board for Correction of Military
Records (AFBCMR).
In support of his request the applicant provides copies of his
EPRs, rebuttal response to his referral EPR, Performance
Feedback Worksheets, On-the-Job Training Record Continuation
Sheet, electronic communiqués, and AF Form 102, Inspector
General Personal and Fraud, Waste & Abuse Complaint
Registration.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 30 April 2013, the applicant filed an IG complaint for
retaliation or abuse of authority against his rater for giving
him a referral EPR.
In a letter dated 30 September 2013, HQ AFGCS/IGQ advised the
applicant that they concurred with DoD/IGs review and the Air
Force determination that reprisal did not occur and that further
investigation was not warranted. The applicant was invited to
petition the Board for further consideration of this matter.
?
THE AIR FORCE EVALUATION:
AFPC/DPSIDE recommends the applicant submit an AF Form 948,
Application for Correction/Removal of Evaluation Reports, with
all required supporting documentation, through the vMPF
Evaluation Appeals, as he has not exhausted his administrative
remedies, prior to seeking relief from the Board. The first
avenue of relief is through the Evaluation Report Appeals Board
(ERAB). The ERAB returned the applicants request without
action, pending additional documentation. If the applicant
wishes to void the contested report, he must provide factual,
specific, and substantiated information that is from credible
officials or agencies and is based on firsthand observation. If
the administrative appeal is unsuccessful, the applicant may
resubmit the DD Form 149, Application for Correction of Military
Records.
The complete DPSIDE evaluation is at Exhibit C.
APPLICANTS REVIEW OF THE AIR FORCE EVALUATION:
On 25 April 2014, a copy of the Air Force evaluation was
forwarded to the applicant for review and comment within
30 days. As of this date, no response has been received by
this office (Exhibit D).
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The application was timely filed.
2. 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 this application
in Executive Session 8 July 2014, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2013-04596:
Exhibit A. DD Form 149, dated 23 September 2013, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDE, dated 17 April 2014.
Exhibit D. Letter, SAF/MRBR, dated 25 April 2014.
Exhibit E. Report of Investigation - WITHDRAWN
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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 1 Mar 13 for review and comment within 30 days. In this respect, we note this Board is the highest administrative level of appeal within the Air Force. Applicant's Available Master Personnel Records Exhibit C. Letter, AFPC/DPSIDE, dated 27 May 14.
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