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AF | BCMR | CY2014 | BC 2014 01806
Original file (BC 2014 01806.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-01806

					COUNSEL:  NONE

		HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

His Enlisted Performance Report (EPR) rendered for the period 
1 Mar 11 – 29 Feb 12 be corrected by placing a “X” in Section III, 
Performance Assessment, subsection 2.


APPLICANT CONTENDS THAT:

Based upon his level of performance, he believes the missing “X” 
was an oversight during the review process and his rater intended 
to place an “X” in the box marked “Clearly Exceeds.”

His rater provides a letter of support indicating that he intended 
to place an “X” in the box marked “Clearly Exceeds.”

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


STATEMENT OF FACTS:

The applicant, while serving as a Master Sergeant (MSgt), received 
an EPR closing 29 Feb 12, with a rating of “5.”  The report was 
signed by the rater and additional rater on 22 Mar 12.  However, 
the report was missing an “X” in Section III, Performance 
Assessment, Subsection 2.


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 records.  

Under the provisions of AFI 36-2603, Air Force Board for 
Correction of Military Records, the request for correction of 
military records, DD Form 149, Application for Correction of 
Military Records under the Provisions of Title 10, USC, Section 
1552, has been examined at this Center.  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.  We recommend 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.

AFI 36-2406, Officer and Enlisted Evaluation Systems, paragraph 
10.2.4.6, states “the board will not consider nor approve requests 
to change (except for deletions) an evaluator's ratings or 
comments if the evaluator does not support the change.  When an 
evaluator supports changing ratings, all subsequent evaluators 
must also agree to the changes, (including the commander on EPRs, 
the reviewer on OPRs, and the MLR Board President on PRFs.”  In 
addition, paragraph 10.2.4.7 states that the board will not 
consider nor approve requests to re-accomplish an evaluation 
without the applicant furnishing the new evaluation.  If the 
applicant wishes to replace the contested report, the applicant 
must provide the re-accomplished, corrected report in the .xfdl 
digitally signed format in support of the appeal.  In addition, 
since the change the applicant is requesting is not for minor 
corrections to the existing EPRs on file, the applicant will also 
need to provide wet signed memorandums of support from all the 
original evaluators who made the content/rating change(s), which 
details the error and the need for correction to the contested 
EPR.  The memorandum will need to address any content or rating 
changes between reports and the reason for the change(s).

The complete 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 23 Dec 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.  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-2014-01806 in Executive Session on 11 Mar 15 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 11 Apr 14, w/atchs.
	Exhibit B.  Pertinent Excerpts from Personnel Records.
	Exhibit C.  Letter, AFPC/DPSIDE, dated 25 Nov 14.
Exhibit D.  Letter, SAF/MRBR, dated 23 Dec 14.





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