RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01890
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her Enlisted Performance Report (EPR) rendered for the period
2 Jul 11 1 Jul 12 be removed or changed.
APPLICANT CONTENDS THAT:
She questioned her rating of a 4 while stationed at her last
base; she spoke with her supervisor and his rater about it and
thought everything would be taken care of; however, upon arriving
at her new duty station she found out that her report had become a
matter of record with the same rating and without her signature.
The applicants complete submission, with attachment, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant, while serving at Incirlik Air Base in the grade of
Staff Sergeant (SSgt-E/5), received an EPR closing on 1 Jul 12.
The report was digitally signed and dated, by the rater and
additional rater, on 1 Aug 12.
AIR FORCE EVALUATION:
AFPC/DPSIDE recommends denial indicating the applicant has not
exhausted all available avenues of administrative relief prior to
seeking correction of her 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.
The application was forwarded to the Evaluation Report Appeals
Board (ERAB) for their review and they determined to return the
request without action, pending additional supporting
documentation and evidence of the error or injustice. If the
applicant wishes to void the contested report, the applicant must
provide factual, specific, and substantiated information that is
from credible officials or agencies and is based on firsthand
observation. The applicant will need to provide any and all
supporting documentation, such as, but not limited to wet-signed
statements from the original rating chain that wrote the report or
unit leadership that would support the claims that the report the
applicant is contesting is either unjust or inaccurate.
Evaluators are obliged to consider such incidents, their
significance, and the frequency with which they occurred in
assessing performance and potential.
Moreover, AFI 36-2406, Officer and Enlisted Evaluation Systems,
paragraph 10.2.1.3., states the ERAB works under the assumption
that evaluation reports are accurate and objective. Therefore,
the applicant must provide strong evidence to overcome the
report's presumed validity. Additionally, paragraphs A2.2 and
A2.3, states, when documenting the appeal, the applicant must
provide convincing documentation for the appeal; the applicant
must offer clear evidence that the original evaluation was unjust
or wrong; and quality, not quantity of documentation is the issue.
The most effective evidence consists of statements from the
original evaluators who signed the report or from other
individuals in the rating chain when the report was signed. As an
alternative, the applicant can use support statements from other
credible sources or reviewing agencies (such as the IG, EOT, CDI,
etc.) that have firsthand knowledge of the allegations and can
validate/confirm any perceived error/injustice. The applicant
must substantiate any injustice(s) on the contested report and
provide sufficient supporting documentation to validate/confirm
any of the claims. The applicant must prove the report was not
rendered in good faith by all evaluators based on knowledge
available at the time. Furthermore, the applicant must supply
specific information about the unfair evaluation for the board to
make a reasoned judgment on the appeal and show strong evidence to
the board when requesting to remove a report from the permanent
record.
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 2 Oct 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-2014-01890 in Executive Session on 11 Mar 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-01890 was considered:
Exhibit A. DD Form 149, dated 13 Mar 14, w/atchs.
Exhibit B. Pertinent Excerpts from Personnel Records.
Exhibit C. Letter, AFPC/DPSIDE, dated 4 Jul 14.
Exhibit D. Letter, SAF/MRBR, dated 2 Oct 14.
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