RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04583

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

Her AF Form 911, Enlisted Performance Report (EPR) (MSgt thru CMSgt), rendered for the period 2 December 2012 thru 7 August 2013, be declared void and removed from her records or her overall performance assessment rating be changed to accurately reflect her work.  

APPLICANT CONTENDS THAT:

Her EPR is not accurately written.  At the time her report was written there were personal conflicts happening and she expressed her desire to file an Inspector General (IG) complaint; however, she was directed not to do so.  Subsequently, she received an EPR overall performance assessment rating of “3” (Average).  

Her previous EPR rendered for the period 2 December 2011 thru 1 December 2012 was signed by the same rater and additional rater that signed her contested EPR.  As such, her contested EPR does not make sense due to the short time frame between both reports and her track record.  In addition, she did not receive the appropriate rating on her report rendered for the period of 8 August 2013 thru 30 June 2014, due to her contested EPR.  

Her contested EPR should be removed or the rating changed to reflect her work and not the personal bias of leadership.  

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 master sergeant (E-7).  

On 20 August 2013, according to a Reprisal Complaint Analysis (RCA) report, the contested EPR was e-mailed to the applicant for her signature, due to her deployment status.  

On 6 September 2013, the applicant filed a complaint through the 7th Bomb Wing Inspector General (7 BW/IG), alleging reprisal in the form of a “3” EPR.  The applicant indicated that between September 2012 and August 2013, she was the victim of a “good old boy” system, and that her flight supervision sabotaged her career through undeserved criticism and Letters of Reprimands (LORs).  

On 26 September 2013, a RCA was initiated and the 7th BW/IG indicated that based on a review of the documentation and information provided by the applicant, an investigation into the allegation of reprisal under Title 10, United States Code 1034 (10 USC § 1034), Protected communications; prohibition of retaliatory personnel actions, for receiving an LOR and a “3” EPR is not warranted and the allegation of reprisal should be dismissed.  

5 November 2013, the Air Combat Command (ACC) reviewed the RCA and concurred with the 7 BW/IG’s recommendation that the reprisal allegation be dismissed and the possible abuse of authority be referred to the appropriate commander.  

On 23 October 2014, the Whistleblower Reprisal Investigations Supervisory Investigator, determined the Whistleblower Reprisal Investigations Directorate, Department of Defense Inspector General (DoD IG) completed an oversight review of the applicant’s case in accordance with 10 USC § 1034, as implemented by Department of Defense Directive 7050.06, Military Whistleblower Protection.  He agreed with the final determinations and approved the investigative report.  

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. 

The Air Force Board for Correction of Military Records (AFBCMR) is the highest level of administrative appeal within the Department of the Air Force and the AFBCMR will not consider a case until all avenues of administrative relief has been exhausted.  The applicant should submit a new Air Force Form 948, Application for Correction/Removal of Evaluation Report, with all required supporting documentation, through the Virtual Military Personnel Flight (vMPF)/Evaluation Appeals.  If her administrative appeal is not successful, she may resubmit a DD Form 149, Application for Correction of Military Records, along with the results of her Evaluation Reports Appeal Board (ERAB) administrative review for processing through the AFBCMR.  
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 8 June 2016 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-2015-04583 in Executive Session on 26 January 2017 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04583 was considered:

	Exhibit A.  DD Form 149, dated 8 October 2015, w/atchs.  
	Exhibit B.  Applicant's Master Personnel Records.  
	Exhibit C.  Memorandum, AFPC/DPSIDE, dated 8 March 2016.  
	Exhibit D.  Letter, AFBCMR, dated 8 June 2016.  
	Exhibit E.  Reprisal Complaint Analysis - WITHDRAWN.  
	Exhibit F.  Whistleblower Reprisal Investigation – 
                 WITHDRAWN.  

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.