Search Decisions

Decision Text

AF | BCMR | CY2014 | BC 2014 00940
Original file (BC 2014 00940.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2014-00940
	XXXXXXXXXX	COUNSEL:  NONE
			HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

His AF IMT 475, Education/Training Report, rendered for the period 
10 April 2013 through 28 June 2013 be removed from his records.


APPLICANT CONTENDS THAT:

The aforementioned AF IMT 475 which reflects 11 weeks of training 
was submitted in error.  The AF IMT 475 rendered for the period 
24 November 2012 through 29 July 2013, correctly reflects 24 weeks 
of training and should be used.

In support of his request, the applicant provides copies of his AF 
IMTs 475.

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

In a letter dated 23 December 2014, SAF/MRBR advised the applicant 
that AFI 36-2603, Air Force Board for Correction of Military 
Records, requires that if an applicant has not exhausted all 
available effective administrative remedies, the application will 
be denied by the Board on that basis.  The applicant failed to 
exhaust other administrative avenues of relief prior to requesting 
relief from the Board which is the highest administrative level of 
appeal in the Air Force.  SAF/MRBR invited the applicant to 
administratively close his case until such time that he is able to 
avail himself of the administrative avenues described in the 
attached AFPC/DPSIDE advisory opinion.  As of this date, no 
response has been received by this office (Exhibit C).


AIR FORCE EVALUATION:

AFPC/DPSIDE recommends denial.  The applicant has not exhausted 
his administrative remedies.  Under the provisions of AFI 36-2603, 
the Board will not consider a case until all avenues of 
administrative relief have been exhausted.  In accordance with AFI 
36-2406, Officer and Enlisted Evaluation Systems, the applicant’s 
first avenue of relief is to submit AF Form 948, Application for 
Correction/Removal of Evaluation Reports, with all required 
supporting documentation to the Evaluation Reports Appeal Board 
(ERAB) through the VMPF/Evaluation Appeals website.  If the 
administrative appeal is unsuccessful, the applicant may resubmit 
the DD Form 149, Application for Correction of Military Records, 
and results of the ERAB to the Board.

The complete DPSIDE evaluation is at Exhibit B.


APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

On 23 December 2014, a copy of the Air Force evaluation was 
forwarded to the applicant for review and comment within 30 days.  
As of this date, no response has been received by this office 
(Exhibit C).


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 that the ERAB is an available avenue of 
administrative relief the applicant has not first pursued.  In 
view of this, we find his request is not ready for adjudication at 
this level, as there exists a subordinate level of appeal that has 
not first been pursued.  Therefore, in view of the above, we find 
no basis to recommend granting the relief sought in this portion 
of his 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 Board; and the application will only be 
reconsidered upon exhausting all subordinate avenues of 
administrative relief.


 
The following members of the Board considered this application in 
Executive Session on 12 February 2015, under the provisions of AFI 
36-2603:

       , Panel Chair
       , Member
       , Member

The following documentary evidence pertaining to AFBCMR BC-2014-
00940 was considered:

      Exhibit A.  DD Form 149, dated 27 February 2014, w/atchs.
      Exhibit B.  Letter, AFPC/DPSIDE, dated 25 November 2014.
      Exhibit C.  Letter, SAF/MRBR, dated 23 December 2014.

Similar Decisions

  • AF | BCMR | CY2014 | BC 2014 00036

    Original file (BC 2014 00036.txt) Auto-classification: Denied

    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 noting the applicant has not exhausted her administrative remedies. A review of the applicant’s request determined her first avenue of relief is through the Evaluation Report Appeals Board (ERAB). A complete copy of the AFPC/DPSIDE evaluation is at...

  • AF | BCMR | CY2013 | BC 2013 05028

    Original file (BC 2013 05028.txt) Auto-classification: Denied

    ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDE recommends the applicant file an appeal through the Evaluation Reports Appeals Board (ERAB). The Air Force Board for Correction of Military Records is the highest level of appeal within the Department of the Air Force. The Air Force Office of Primary Responsibility (OPR) has reviewed this application and noted the applicant has not filed an appeal through the Evaluation Reports Appeals Board (ERAB).

  • AF | BCMR | CY2014 | BC 2014 01687

    Original file (BC 2014 01687 .txt) Auto-classification: Denied

    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...

  • AF | BCMR | CY2013 | BC 2013 04596

    Original file (BC 2013 04596.txt) Auto-classification: Denied

    THE AIR FORCE EVALUATION: AFPC/DPSIDE recommends the applicant submit an AF Form 948, Application for Correction/Removal of Evaluation Reports, with all required supporting documentation, through the vMPF Evaluation Appeals, as he has not exhausted his administrative remedies, prior to seeking relief from the Board. The first avenue of relief is through the Evaluation Report Appeals Board (ERAB). Exhibit C. Letter, AFPC/DPSIDE, dated 17 April 2014.

  • AF | BCMR | CY2013 | BC 2013 04949

    Original file (BC 2013 04949.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04949 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His AF Form 910, Enlisted Performance report (EPR) (AB thru TSgt), rendered for the period 19 Jun 2012 thru 18 Jun 2013, be corrected or declared void and removed from his records. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary...

  • AF | BCMR | CY2013 | BC 2013 05049

    Original file (BC 2013 05049.txt) Auto-classification: Denied

    The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility, which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSIDE recommends denial. Under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records (AFBCMR), the applicant’s request has been examined and forwarded through pertinent administrative procedures which are required prior to referral to the AFBCMR. The...

  • AF | BCMR | CY2014 | BC 2014 01670

    Original file (BC 2014 01670.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01670 COUNSEL: HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Enlisted Performance Report (EPR), rendered for the period 16 May 2012 thru 15 May 2013 and signed by his rater on 13 September 2013, be replaced with the evaluation signed on 1 June 2013. STATEMENT OF FACTS: In a letter dated 4 September 2014, SAF/MRBR advised the applicant that AFI 36-2603, Air Force Board for...

  • AF | BCMR | CY2013 | BC 2013 05381

    Original file (BC 2013 05381 .txt) Auto-classification: Denied

    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. A complete copy of the AFPC/DPSIDE...

  • AF | BCMR | CY2013 | BC 2013 04040

    Original file (BC 2013 04040.txt) Auto-classification: Denied

    ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDE recommends denial noting the applicant has not exhausted all available avenues of administrative relief. 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 Air Force Office of Primary Responsibility (OPR) has reviewed this application and noted the applicant has not filed an appeal through...

  • AF | BCMR | CY2013 | BC 2013 04955

    Original file (BC 2013 04955.txt) Auto-classification: Denied

    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 applicant has not exhausted all available avenues of administrative relief by not first filing an appeal of her OPR through the Evaluation Report Appeals Board (ERAB) under the provisions...