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 applicants 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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