RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00290
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Enlisted Performance Report (EPR), rendered for the period of 17 May 12 through 16 May 13, be removed and replaced in his military personnel records.
APPLICANT CONTENDS THAT:
The contested EPR, section III, group stratification is incorrect. It should reflect #4/56, instead of #5/56.
The applicants complete submission, with attachment, is at Exhibit A.
STATEMENT OF FACTS:
The applicant currently serves in the Regular Air Force in the grade of master sergeant (E-7)
On 20 Sep 13, the contested EPR was rendered to the applicant. Section III, block #7, includes the following stratification bullet: -#5/56 MSgts; gp 1st Sgt OTY; key to 736 SFS PACAF Best Small SF Unit Awd12--promote to SMSgt now
In accordance with AFI 36-2406, Officer and Enlisted Evaluation Systems, chapter 10, paragraph 10.1.1: The Evaluation Reports Appeal Board (ERAB) was established to provide all Air Force personnel with an avenue of relief for correcting errors or injustices in evaluations at the lowest possible level.
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. The application was forwarded to the ERAB for their review and consideration and they determined the request should be returned without action, 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 the 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 15 Sep 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 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 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-2014-00290 in Executive Session on 27 Jan 15 under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Nov 13, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIDE, dated 18 Aug 14.
Exhibit D. Letter, SAF/MRBR, dated 15 Sep 14.
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