RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02836

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His AF Form 911, Enlisted Performance Report (EPR) (MSgt thru CMSgt) section VIII, Final Evaluator Position, rendered for the period 13 Dec 13 – 12 Dec 14, be changed in section VIII, from “Senior Rater’s Deputy to Senior Rater.”

APPLICANT CONTENDS THAT:

On or about 7 Jan 15, his EPR was returned from the 374th Airlift Wing Command Chief Master Sergeant (374 AW/CCC) for minor corrections.  Subsequently, during the same month, several meetings were held regarding the “firewall 5” rating he had given to one of his airman.  He knew there would be issues because the airman had been to Equal Opportunity (EO) and the Inspector General (IG) regarding the squadron leadership.  After going back and forth with the squadron leadership, he compromised and marked down the airman but kept the overall “5” rating to prevent a “non-concur” on her EPR.  

He was informed that the commander wanted the EPR marked down to a “4” or it would be a non-concur, which he was not comfortable with and disagreed.  Since the EPR would have been a “non-concur” he changed the EPR back to a “firewall 5.”  Subsequently, his EPR was pulled back 48 days after the close-out and signed by the Senior Rater’s Deputy in violation of AFI 33-2406 [sic], paragraphs 9 and 1.12.6.  

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

STATEMENT OF FACTS:

On 30 Jan 15, the applicant filed an IG complaint wherein he alleged the Senior Rater Indorsement (SRI) was removed for reasons which occurred outside the rating period.  

In accordance with (IAW) AFI 90-301, Inspector General Complaints and Resolution, table 3.6, rule 17, if the issue is to appeal an EPR, the appropriate agency to resolve the issue is the Evaluations Reports and Appeals Board (ERAB).  

On 19 Feb 15, 374 AW/IGQ notified the applicant that after an extensive review of his complaint it was determined that IAW with AFI 90-301, the Air Force Board for Correction of Military Records (AFBCMR) was the appropriate agency to handle his case.  

The AFBCMR is the highest administrative level of appeal in the Air Force.  AFI 36-2603, AFBCMR, paragraph 4.7.3 requires that if an applicant has not exhausted all available effective administrative remedies, the application will be denied by the Board on that basis.    

AIR FORCE EVALUATION:

AFPC/DPSIDE recommends denial indicating the applicant has not exhausted all available avenues of administrative relief prior to seeking correction of his military records. In this respect, the applicant needs to submit a new AF Form 948, Application for Correction/Removal of Evaluation Reports, with all required supporting documentation, through the virtual Military Personnel Flight (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 Feb 16, 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 that all available avenues of administrative relief have not been exhausted; and the application will only be reconsidered upon submission of documentary evidence indicating that said avenues of administrative relief have been exhausted.  

The following members of the Board considered AFBCMR Docket Number BC-2015-02836 in Executive Session on 27 Sep 16, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02836 was considered:

	Exhibit A.  DD Form 149, dated 25 Jun 15, w/atchs.
	Exhibit B.  Pertinent Excerpts from Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIDE, dated 20 Jan 16.
	Exhibit D.  Letter, AFBCMR, dated 1 Feb 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.