RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04071

 						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His Enlisted Performance Reports (EPR) for the periods ending 13 December 2010 and 13 December 2011 be placed in his records. 

APPLICANT CONTENDS THAT:

Somehow his 2010 and 2011 EPRs have fallen out of the system.  He provides them so they can be placed in his records again.

There is an AF Form 77, Letter of Evaluation (LOE), in the system for the 2010 EPR but not for the 2011 EPR.  Since EPRs are now reviewed for promotion to the grade of Master Sergeant (MSgt, E-7), he requests his records be corrected.  

In support of his request, the applicant provides copies of AF Forms 910, Enlisted Performance Report (AB thru TSgt), for the periods ending 13 December 2010 and 13 December 2011.

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

STATEMENT OF FACTS:

The applicant is in the Regular Air Force serving in the grade of Technical Sergeant (TSgt, E-6).

According to the AF Form 77 in the Automated Records Management System (ARMS), the applicant’s EPR for the reporting period of 14 December 2009 thru 13 December 2010 is not available for administrative reasons.  There is no EPR or LOE in the applicant’s records for the reporting period ending 13 December 2011.

The Military Personnel Data System (MilPDS) reflects overall rating of “5” for the EPRs with reporting periods ending 13 December 2010 and 13 December 2011.    

In a letter dated 29 April 2016, the AFBCMR informed the applicant he could request his case be administratively closed to exhaust the available administrative remedy by submitting his request to the Evaluation Reports Appeal Board (ERAB) in accordance with AFI 34-2406, Officer and Enlisted Evaluation System.  As of this date, no response has been received by this office.  

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 D.    

AIR FORCE EVALUATION:

AFPC/DPS2PE recommends denial.  The applicant should exhaust all available avenues of administrative relief prior to seeking correction of his military records.  If the administrative appeal is not successful, the applicant may resubmit the DD Form 149, Application for Correction of Military Records, and the results of the ERAB administrative review for processing to the AFBCMR.  The ERAB was established to provide an avenue of relief for correcting errors or injustices in evaluations at the lowest possible level.  An applicant’s last avenue of relief is via the AFBCMR.  The documentation submitted by the applicant does not reflect he has exhausted the administrative avenue of relief.  

Under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records, the 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.  DPS2PE recommends the applicant submit a new AF Form 948, Application for Correction/Removal of Evaluation Reports, with all required supporting documentation through the vMPF/Evaluation Appeals found under the Most Popular Application.  

A complete copy of the AFPC/DPS2PE evaluation is at Exhibit D.  

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 7 June 2016 for review and comment within 30 days (Exhibit E).  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-2015-04071 in Executive Session on 8 September 2016 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04071 was considered:

	Exhibit A.  DD Form 149, dated 8 September 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 29 April 2016.
	Exhibit D.  Memorandum, AFPC/DPS2PE, dated 2 June 2015.
	Exhibit E.  Letter, AFBCMR dated 7 June 2016.

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.