RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04040 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: The Enlisted Performance Report (EPR) with the close-out date of 30 November 2012, be removed from his records. ________________________________________________________________ APPLICANT CONTENDS THAT: He believes his performance and conduct during this rating period with regard to military standards were above average. His rating did not reflect this high standard. This may be due to a difference in opinion with his section chief/rater. He was asked to perform activities that were not in accordance with the approved methodology and respectfully declined as it may have compromised the mission. This may have been interpreted as an unintentional sign of disrespect and he was rated accordingly. For this reason, he respectfully requests the EPR in question be removed. In support of the appeal, the applicant provides the contested EPR, Letters of Evaluations, EPRs and Letters of Appreciation. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the Regular Air Force in the grade of technical sergeant. During the rating period with the close-out date of 30 November 2012, the applicant was rated “Meets” in Standards, Conduct, Character and Military Bearing and was rated “Above Average” (4) in Overall Performance Assessment. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDE recommends denial noting the applicant has not exhausted all available avenues of administrative relief. The Air Force Board for Correction of Military Records (AFBCMR) is the highest level of administrative appeal within the Department of the Air Force. Upon review of the case, it has been determined the first avenue of relief is through the Evaluation Report Appeals Board (ERAB). The application was forwarded to the ERAB and was returned without action pending additional documentation. If the applicant wishes to void the contested report, he must provide factual, specific and substantial information that is from credible officials or agencies and is based on firsthand observation. He must prove the report was not rendered in good faith by all evaluators based on the knowledge available at the time. The applicant should submit an AF Form 948, Application for Correction/Removal of Evaluation Reports with all required supporting documentation. 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 5 June 2014, for review and comment within 30 days (Exhibit D). As of this date, this office has received no response. ________________________________________________________________ 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. 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 (OPR) has reviewed this application and oted the applicant has not filed an appeal through the Evaluation Reports Appeals Board (ERAB). In view of this, we find this application is not ripe for adjudication at this level, as there is a subordinate level of appeal that has not first been depleted. Therefore, in view of the above, we find no basis to recommend granting this portion of the applicant’s request. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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-2013-04040 in Executive Session on 15 July 2014 under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 12 Aug 13, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDE, dated 30 Apr 14. Exhibit D. Letter, SAF/MRBR, dated 5 Jun 14. 1 2