RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05381
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His AF Form 910, Enlisted Performance Report (AB thru TSgt), covering the period 31 Aug 10 through 5 May 11, be declared void and removed from his record.
APPLICANT CONTENDS THAT:
The contested enlisted performance report (EPR) was incorrectly generated and its rating period overlaps the rating period of an EPR that already exists in his records.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
The applicant currently serves in the Regular Air Force in the grade of technical sergeant (E-6).
On 11 Jul 11, the contested EPR, which reflects an overall performance assessment rating of 5, was rendered upon the applicant.
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 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. This application was forwarded to the Evaluation Report Appeals Board (ERAB) for their review and consideration, but they determined the request should be returned without action, pending additional supporting documentation. ERABs actions were in accordance with AFI 36-2406, Officer and Enlisted Evaluation Systems, paragraph 10.2.4.6, which states the Board will not consider nor approve requests to change (except for deletions) an evaluator's ratings or comments if the evaluator does not support the change. When an evaluator supports changing ratings, all subsequent evaluators must also agree to the changes. The applicant should submit an AF Form 948, Application for Correction/Removal of Evaluation Reports, with all required supporting documentation, through the vMPF/Evaluation Appeals link so his request can be properly processed for the ERABs consideration.
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 25 Aug 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 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. AFPC/DPSIDE has reviewed this application and indicated the ERAB is the appropriate avenue of administrative relief the applicant must first pursue. 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 the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2013-05381 in Executive Session on 4 Nov 14 under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Nov 13.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIDE, dated 2 Aug 14.
Exhibit D. Letter, SAF/MRBR, dated 25 Aug 14.
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