RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05594
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Duty Title in Section II, Item 1 of his AF Form 910, Enlisted Performance Report (EPR), rendered for the period 2 Jul 10 through 1 Jul 11, be changed to read Assistant Chief of Operations.
APPLICANT CONTENDS THAT:
He filled in as the Assistant Chief of Operations for nine months during the period 1 Jul 10 through 1 Apr 11. The bullets included in the EPR in question justify that duty title.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant served in the grade of Technical Sergeant (TSgt) during the period of time in question.
On 25 Jul 11, the applicant was furnished an EPR rendered for the period 2 Jul 10 through 1 Jul 11, which contained the duty title Fire Protection District Chief in Section II, Item 1.
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 Defense (DoD). 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, but the ERAB denied the request, pending correction of the applicants duty history within the Military Personnel Data System (MilPDS). Therefore, the applicant must correct his duty history within MilPDS before submitting a request to the ERAB to correct his duty title on the contested EPR. The applicant has not exhausted all available avenues of administrative relief prior to seeking correction from the AFBCMR.
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 21 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. To request changes to a evaluation report, there is an available avenue of administrative relief the applicant has not first pursued. The applicant should have applied to the Evaluation Report Appeals Board (ERAB) prior to applying to the BCMR. In view of this, we find this application is not ready 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 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-2013-05594 in Executive Session on 4 Nov 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 Nov 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIDE, dated 8 Jun 14.
Exhibit D. Letter, SAF/MRBR, dated 21 Jul 14.
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FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
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