RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01687
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Officer Performance Report (OPR), rendered for the period 4 May 09 through 2 Mar 10, be replaced in his permanent evaluation record by the revised OPR signed in Apr 10.
APPLICANT CONTENDS THAT:
The contested OPR does not reflect he was awarded company grade officer of the year for his group in 2009. A replacement OPR, reflecting this award, was completed and signed by his supervisor, additional rater, and reviewer. Replacing the contested OPR would accurately depict his military service.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant currently serves in the Regular Air Force in the grade of major (O-4).
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 applicant has not exhausted all administrative avenues of relief by not first filing an appeal through the Evaluation Reports Appeals Board (ERAB) under the provisions of AFI 36-2406, Officer and Enlisted Evaluation Systems, 15 Apr 05, and AFI 36-2401, Correcting Officer and Enlisted Evaluation Reports, 10 Mar 06. AFPC/DPSIDE recommends the applicant submit a new 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. If the administrative appeal is not successful, the applicant may resubmit the DD Form 149, Application for Correction of Military Records, and the results of the ERAB administrative review, to SAF/MRBR for processing to 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 7 Jan 15 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. 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 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-2014-01687 in Executive Session on 24 Mar 15 under the provisions of AFI 36-2603:
The following documentary evidence pertaining AFBCMR Docket Number BC-2014-01687 was considered:
Exhibit A. DD Form 149, dated 18 Apr 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIDE, dated 25 Nov 14.
Exhibit D. Letter, SAF/MRBR, dated 7 Jan 15.
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