RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03647

  						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His referral AF Form 910, Enlisted Performance Report (EPR), reporting period of 29 Oct 13 to 3 Sep 14, overall rating should be changed from a 2 to a 3 [Overall Performance Assessment].  

APPLICANT CONTENDS THAT:

The AF Form 910 was created to prevent a member from being marked down in multiple locations with one negative bullet in one location.  One negative comment is on his EPR and the rest of the EPR is written at a much higher rating.  It appears his mistake was taken personally by leadership even though he received an Article 15, demotion, and removal from his position.  He has since got his stripe back.  The EPR also states he failed as the Agency Program Coordinator; however, he was only assigned on paper and never given access to perform those duties. 

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 21 Mar 01.

On 1 Aug 14, the HQ AMC/CCQ notified the applicant he was being considered for punishment under Article 15, Uniform Code of Military Justice (UCMJ).

On 6 Aug 14, the applicant waived his right to court-martial, accepted nonjudicial punishment proceedings, provided a written presentation, and requested a personal appearance. 

On 14 Aug 14, the HQ AMC/CCQ decided the applicant did willfully fail to refrain from using his government travel card for personal transactions and imposed punishment of a reduction to the grade of Staff Sergeant, forfeiture of $1,547.00 pay per month for 2 months, suspended through 13 Feb 15, and reprimanded.  

On 15 Aug 14, the applicant did not appeal the decision and was notified the action would be filed in his Unfavorable Information File.  

On 18 Aug 14, 375 AMW/JA found the record legally sufficient.  

On 25 Sep 14, the applicant was rendered a referral EPR for not meeting standards in section III and an overall rating of Needs Improvement in section V for misuse of a government travel card. 

On 30 Sep 14, the applicant responded to the referral EPR accepting full responsibility for his actions; however, calls into question the overall rating as well as mark downs in Section III. 

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 indicating the applicant has not exhausted all available avenues of administrative relief prior to seeking correction of their military records.  The Air Force Board for 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.  Therefore, AFPC/DPSIDE recommends the applicant submit an AF Form 948, Application for Correction/Removal of Evaluation Reports, with all required supporting documentation to the Evaluation Reports Appeal Board.

A complete copy of the AFPC/DPSIDE evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In an email dated 18 Apr 16, the Air Force Board for Correction of Military Records (AFBCMR) staff advised the applicant that AFI 36-2603, Air Force Board for Correction of Military Records, requires that if an applicant has not exhausted all available effective administrative remedies, the application will be denied by the Board on that basis.  AFBCMR invited the applicant to administratively close his case until such time that he was able to avail himself of the administrative avenues described in AFI 36-2406, Officer and Enlisted Evaluation Systems. 

The applicant emailed his rebuttal requesting further clarification and expressing frustration providing documents when his rater would not respond to his inquiries.

A complete copy of the applicant’s rebuttal is at Exhibit E.

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-2015-03647 in Executive Session on 8 Dec 16 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03647 was considered:

	Exhibit A.  DD Form 149, dated 10 Nov 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIDE, dated 29 Jan 16.
	Exhibit D.  Letters, AFBCMR, dated 15 Dec 15 and 17 Mar 16.
	Exhibit E.  Applicant’s Rebuttal, dated 19 Apr 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.