RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04949
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His AF Form 910, Enlisted Performance report (EPR) (AB thru TSgt), rendered for the period 19 Jun 2012 thru 18 Jun 2013, be corrected or declared void and removed from his records.
APPLICANT CONTENDS THAT:
His overall performance rating of 3 for the contested reporting period does not accurately reflect a true assessment of his performance. The report was written based off gossip and negative details from his shift leader, whom admitted to never telling his rating official anything positive. In addition, the report was prepared in his absence, while being on ordinary leave, and signed on his behalf without his knowledge of its content or his consent.
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 staff sergeant (E-5).
On 18 Jun 2013, the contested EPR closed out with an average assessment of the applicants overall performance for 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 (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSIDE recommends denial. The applicant has not exhausted all available avenues of administrative relief prior to seeking correction of his military records. The Air Force Board for Correction of Military Records (AFBCMR) is the highest level of administrative appeal within the Department of the Air Force. The AFBCMR will not consider a case until all avenues of administrative relief have been exhausted. The application was forwarded to the Evaluation Report Appeals Board (ERAB) for their review and they have determined it should be returned without action, pending additional supporting documentation and evidence of an error or injustice. If the administrative appeal is not successful, the applicant may resubmit an application along with the results of the ERAB administrative review.
A complete copy of the AFPC/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 8 Sep 2014 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. To request correction/removal of an EPR, the applicant should request review through the 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 that he has not exhausted all available avenues of administrative relief prior to submitting his application to the AFBCMR; and the application will only be reconsidered upon exhausting all subordinate avenues of administrative relief.
The following members of the Board considered AFBCMR Docket Number BC-2013-04949 in Executive Session on 16 Oct 14, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-04949 was considered:
Exhibit A. DD Form 149, dated 3 Oct 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDE, dated 2 Aug 14.
Exhibit D. Letter, SAF/MRBR, dated 8 Sep 14.
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