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AF | BCMR | CY2014 | BC 2014 00831
Original file (BC 2014 00831.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-00831

			COUNSEL:  NONE

			HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

1.  The effective date of his upgrade to seven skill-level be 
corrected to reflect 6 Dec 11, which coincides with when he was 
signed off on his last seven-level task.

2.  His Enlisted Performance Report (EPR), rendered for the 
period of 3 Mar 12 through 2 Mar 13, be declared void and 
removed from his records.


APPLICANT CONTENDS THAT:

1.  His commander deliberately delayed his seven skill-level 
upgrade due to a change in the Career Field Education and 
Training Plan (CFETP).  A new task had been added to the five 
skill-level requirements.  However, he already had his five 
skill-level and had completed all of his requirements for the 
seven skill-level requirement prior to the addition of the new 
task requirement.  His squadron determined he would have to 
complete the new five-level task before they would allow him to 
be awarded his seven-level. 

2.  His EPR is unjust based on inconsistency in the rating with 
his previous EPRs.  During the rating period, he was not given 
formal feedback, despite the fact that he asked his supervision 
on many occasions for written and or verbal feedback.  There is 
not a formal feedback date annotated on his EPR.  Ultimately, he 
had no chance to improve behavior, nor was he given any 
counseling to suggest needed improvement in primary duties and 
teamwork.

The applicant’s 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 Technical Sergeant (E-6).
On 12 Sep 13, the applicant was awarded his seven-level in his 
Air Force Specialty Code (AFSC).

Applicant’s EPR closeout profile for the last ten years is as 
follows:


		CLOSEOUT	RATING

		 2 Mar 07      4         
		 2 Mar 08      5         
		 2 Mar 09      4        
		 2 Mar 10      5        
		 2 Mar 11      5        
		 2 Mar 12      5
	          * 2 Mar 13      4
		12 Nov 13      5
		21 Apr 14      5
		30 Nov 14      5

* Contested EPR

The remaining relevant facts pertaining to this application are 
contained in the memoranda prepared by the Air Force offices of 
primary responsibility (OPR), which are attached at Exhibits C 
and D.    


AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial of the applicant’s request related 
to his skill level indicating there is no evidence of an error 
or an injustice.  IAW AFI 36-2201, Air Force Training Program, 
paragraph 4.1.2.3., completing core tasks is only one of the 
requirements needed to upgrade to the seven skill-level.  The 
supervisor must recommend upgrade and the commander must 
approve.  An AF Form 2096, Classification/On-the-Job Training 
Action, would be accomplished and signed by the commander. 

A complete copy of the AFPC/DPSIT evaluation is at Exhibit C.

AFPC/DPSIDE recommends denial of the applicant’s request related 
to his EPR, indicating the applicant has not exhausted all 
available avenues of administrative relief prior to seeking 
correction of his military record.  The Air Force Board for 
Correction of Military Records (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 determined the request 
should be returned without action, pending additional supporting 
documentation.  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 found under the Most Popular Applications.  

A complete copy of the AFPC/DPSIDE evaluation is at Exhibit D.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 17 Nov 14 for review and comment within 30 days 
(Exhibit E).  As of this date, no response has been received by 
this office.


THE BOARD CONCLUDES THAT:

1.  The applicant has 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 an error or injustice regarding the 
applicant’s request to change the date of the upgrade to his 
seven skill-level change.  We took notice of the applicant’s 
complete submission in judging the merits of the case; however, 
we agree with the opinion and recommendation of the AFPC/DPSIT 
and adopt their rationale as the basis for our conclusion the 
applicant has not been the victim of an error of injustice.  
Regarding the removal of the EPR, 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 aspect of the applicant’s request 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-2014-00831 in Executive Session on 29 Jan 15, under 
the provisions of AFI 36-2603:

	

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 30 Dec 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIT, dated 4 Mar 14.
	Exhibit D.  Memorandum, AFPC/DPSIDE, dated 26 Oct 14
	Exhibit E.  Letter, SAF/MRBR, dated 17 Nov 14.

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