RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02149
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His AF Form 910, Enlisted Performance Report (EPR) (AB thru TSgt), rendered for the period 4 April 2010 thru 3 April 2011, reflect his accurate performance in Section III, Block 2.
APPLICANT CONTENDS THAT:
His evaluator inadvertently did not mark the applicable box on his contested EPR and somehow the error made it through the routing process.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in the grade of technical sergeant (E-6).
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. In accordance with Air Force Instruction (AFI) 36-2401, Correcting Officer and Enlisted Evaluation Reports, if the applicant wishes to replace the contested EPR, he must provide the re-accomplished, corrected report that is in support of his appeal, in a digitally signed format to the Evaluation Reports Appeal Board (ERAB). Also, since the change the applicant is requesting is not for a minor correction, he will 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).
Furthermore, under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records (AFBCMR), the applicant has not exhausted all available avenues of administrative relief prior to seeking correction of his military records. Since the AFBCMR is the highest level of administrative appeal with the Department of the Air Force, the AFBCMR will not consider a case until all avenues of administrative relief have been exhausted. If the administrative appeal is not successful, the applicant may resubmit a DD Form 149, Application for Correction of Military Records, and the results of the ERAB administrative review for processing to the Air Force Board for Correction of Military Records (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 6 April 2015 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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.
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 exhausted. 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-2014-02149 in Executive Session on 27 May 2015 under the provisions of AFI 36-2603:
Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 May 2014.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIDE, dated 17 February 2015.
Exhibit D. Letter, SAF/MRBR, dated 6 April 2015.
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