RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                   DOCKET NUMBER: BC-2013-04324
	 
	   			    COUNSEL:  NONE

  	  			    HEARING DESIRED:  NO

________________________________________________________________ 

APPLICANT REQUESTS THAT:

His Enlisted Performance Report (EPR) for the period of 16 Jan 
11 to 28 Feb 12 be replaced with the re-accomplished EPR he 
provides.  

________________________________________________________________ 

APPLICANT CONTENDS THAT:

His AF Form 910, Enlisted Performance Report (AB thru TSgt), 
includes a markdown made in error.  Section III, Item 1, 
Primary/Additional Duties, was inadvertently marked as “Above 
Average” when it should reflect “Clearly Exceeds.”

He was deployed when the EPR was accomplished and did not sign 
the EPR.  

He has evidence from his chain of command that the markdown is 
in error; however, his commander will not accomplish a 
Memorandum for Record (MFR) stating that the EPR he signed did 
not have markdowns.  

In support of his request, he provides a copy of a corrected 
EPR, letters of support and e-mail communique.

The applicant’s complete submission, with attachments is at 
Exhibit A.

________________________________________________________________ 

STATEMENT OF FACTS:

The applicant is on active duty in the Regular Air Force.  

His AF Form 910 for the period ending 28 Feb 12, Section III, 
Item 1, is marked “Above Average” and Section IX, Ratee 
Acknowledgement, reflects “Member unable to sign.”  

________________________________________________________________ 




AIR FORCE EVALUATION:

AFPC/DPSID recommends denial as the applicant has not exhausted 
all available avenues of administrative relief prior to seeking 
correction of his records.  The Air Force Board for Correction 
of Military Records is the highest level of administrative 
appeal within the Department of the Air Force.  The Board will 
not consider a case until all avenues of administrative relief 
have been exhausted.  The applicant did file an appeal through 
the Evaluation Report Appeals Board (ERAB) under the provisions 
of AFI 36-2401, Correcting Officer and Enlisted Evaluations 
Reports; however, the ERAB considered the appeal and after a 
thorough review, it was returned without action due to a lack of 
corroborating evidence to clearly prove that the lower marking 
was inadvertent.  If the applicant wishes to substitute the 
contested report, he must provide the re-accomplished, corrected 
report in support of the appeal.  In addition, since the 
requested change is not for minor corrections to the existing 
EPR on file, he will need to address any content changes or 
markings between reports and the reason for the change.  DPSID 
recommends the applicant resubmit a new AF Form 948, Application 
for Correction/Removal of Evaluation Reports, with all required 
supporting documentation through the Virtual Military Personnel 
Flight (vMPF).  

The complete DPSID evaluation is at Exhibit B.

_____________________________________________________________ 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 12 Aug 14, a copy of the Air Force evaluation was provided to 
the applicant for review and comment within 30 days (Exhibit C).  
As of this date, this office has not received a 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.  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 that he has not exhausted all 
available avenues of administrative relief prior to submitting 
his application to the BCMR; and the application will only be 
reconsidered upon exhausting all subordinate avenues of 
administrative relief.  

________________________________________________________________ 

The following members of the Board considered Docket Number BC-
2013-04324 in Executive Session on 18 Sep 14, under the 
provisions of AFI 36-2603:

     , Panel Chair
     , Member
     , Member

The following documentary evidence was considered: 

    Exhibit A.  DD Form 149, dated 22 Apr 13, w/atchs.
    Exhibit B.  Letter, AFPC/DPSID, dated 13 Jul 14.     
    Exhibit C.  Letter, SAF/MRBR, dated 12 Aug 14.