RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03161
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His enlisted performance report (EPR) rendered for the period 21 Sep 11 through 6 Mar 12 be declared void and removed from his record.
APPLICANT CONTENDS THAT:
He was unjustly rated as a 3 in Section V (Overall Performance Assessment) of the EPR in question. The EPR was command-directed due to an alleged Driving Under the Influence (DUI) incident. Since the EPR became a matter of record, he was proven innocent of DUI in a court of law.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant serves in the Regular Air Force in the grade of Senior Airman (E-4).
On 19 Jul 12, the applicant was furnished a referral EPR covering the period 21 Sep 11 through 6 Mar 12, on which he was rated Does Not Meet in Part III, Block 2, Standards, Conduct, Character, and Military Bearing, and rated (3) Average in Part V, Overall Performance Assessment. The EPR contained the comment Received an LOR for driving under the influence; civilian authorities retained jurisdictionCC established UIF.
According to the documentation provided by the applicant, on 24 Mar 14, he pled No contest to the charge of reckless driving in a municipal court, and the charge of DUI against him was dismissed.
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 based upon the fact the applicant has not exhausted all available avenues of administrative relief. The Air Force Board of 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. Recommend the applicant submit an AF Form 948, Applicant for Correction/Removal of Evaluation Reports, with all required supporting documentation, to the Evaluation Report Appeals Board (ERAB) through the vMPF/Evaluation Appeals found under the Most Popular Applications.
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 1 Apr 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-2014-03161 in Executive Session on 11 Jun 15 under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Aug 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIDE, dated 6 Mar 15.
Exhibit D. Letter, SAF/MRBR, dated 1 Apr 15.
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