RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05345
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Enlisted Performance Report (EPR), rendered for the period 5 Sep 11 through 4 Sep 12, be removed from his permanent evaluation record and replaced with a corrected version, dated 22 Oct 12.
APPLICANT CONTENDS THAT:
He appealed the EPR in question to his squadron Superintendent, who agreed to amend the EPR; however, the corrected version was not properly submitted to the Air Force Personnel Center (AFPC) for incorporation into his official record.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant served in the Regular Air Force in the grade of Senior Airman (SrA) during the matter under review.
On 7 Sep 12, the applicant received an EPR covering the period 5 Sep 11 through 2 Sep 12, on which he received an overall performance rating in Block V of Above Average (4).
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSIDE recommends denial indicating there is no evidence of an error or an injustice. The 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 the ERAB denied the applicants request pending additional supporting documentation. The applicant must supply the requested information to the ERAB in order for the ERAB to make a reasoned judgment, and for the applicant to have exhausted all available administrative remedies. Recommend denial of this application until the applicant has exhausted his administrative remedies.
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 28 Jul 14 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office.
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 compelling basis to recommend granting the relief sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified 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 AFBCMR Docket Number BC-2013-05345 in Executive Session on 23 Oct 14 under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Oct 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIDE, dated 4 Jul 14.
Exhibit D. Letter, SAF/MRBR, dated 28 Jul 14.
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FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
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