RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01134
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Enlisted Performance Report (EPR) for the period of 1 Jan 13
through 31 Dec 13 be removed from his permanent record.
APPLICANT CONTENDS THAT:
His 31 Dec 13 close-out evaluation is invalid based on the
report only having a single evaluator who did not meet the grade
requirement in accordance with AFI 26-2406, Officer and Enlisted
Evaluation Systems, paragraph 1.4.11.5.3.1 which states: an
evaluator must be an O-6 or a GS-15, YC-03 (or equivalent) and
designated as a Senior Rater (SR) appointed by the Management
Level to close out an evaluation as a single evaluator. If the
rater is a SR, the evaluation must close out at this level
unless it is a referral evaluation. The Evaluation Reports
Appeal Board (ERAB) has substantiated that an error or injustice
occurred but will not remove the EPR without a new report being
accomplished. Such a requirement is irrelevant to the fact that
the invalid report is still in his records and should be removed
immediately, regardless if another report is accomplished.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant is currently serving on active duty in the grade
of Senior Master Sergeant (E-8).
The contested report, rendered for the period closing on 31 Dec
13, reflects an overall assessment of above average and is
endorsed by a single evaluator in the grade of lieutenant
colonel (O-5).
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 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
to deny the request without action, pending additional
supporting documentation. If the applicant wishes to void the
contested report, the applicant must resubmit a new request to
the Evaluation Report Appeals Board (ERAB) via vMPF. The
applicant was previously informed by the ERAB that the Force
Support Squadron (FSS) would be required to reaccomplish the
contested report based on the noted violation of AFI 36-2406,
Officer and Enlisted Evaluation Systems, requiring an evaluator
to be an O-6 or a GS-15, YC-03 (or equivalent) and designated as
a Senior Rater (SR) appointed by the Management Level to close
out an evaluation as a single evaluator. The applicants Force
Support Squadron (FSS) did reaccomplish the report, however, the
replacement report is also erroneous in that it reflects an
incorrect close-out date of 14 Nov 13, when the contested report
has a closeout date of 31 Dec 13. The applicant has been
advised he needs to file a new ERAB request to have this issue
resolved as both reports are invalid and cannot be filed into
the official record.
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 28 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 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 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 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-2014-01134 in Executive Session on 19 Feb 15, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Mar 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIDE, dated 1 Jul 14.
Exhibit D. Letter, SAF/MRBR, dated 28 Jul 14.
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