RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04835

						COUNSEL:  

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His referral Enlisted Performance Report (EPR) dated 28 Apr 15 be removed from his official records.

APPLICANT CONTENDS THAT:

The grounds for the referral EPR was due to a Letter of Reprimand (LOR)/Unfavorable Information File (UIF) given to him for sexual assault allegations made by a civilian contractor.  The allegations were never substantiated or proven in his case, resulting in his current commander removing the LOR and UIF from his records.  

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

STATEMENT OF FACTS:

During the matter in question, the applicant was serving in the Regular Air Force in the grade of technical sergeant (E-6).

On 28 Apr 15, the applicant was rendered a referral EPR for the period of 1 Dec 14 through 12 Mar 15, with an overall performance rating of “2”.  

On 11 Feb 16, AFBCMR sent an email to the applicant advising him that in accordance with AFI 36-2603, Air Force Board for Correction of Military Records, he should exhaust all other available administrative remedies, prior to seeking relief from the AFBCMR (Exhibit C).

On 17 Feb 16, the applicant responded to the AFBCMR email indicating he wanted to pursue the AFBCMR Board determination based on his research of AFI 36-2406, Enlisted Evaluation Systems (Exhibit C).  

The AFBCMR is the highest administrative level of appeal in the Air Force. AFI 36-2406, Officer and Enlisted Evaluation Systems, provides instructions for submitting requests for correction to the Evaluation Reports Appeal Board (ERAB), which was established to provide an avenue of relief for correcting errors or injustices in evaluations at the lowest possible level.

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/DPSID recommends denial of the requested relief.  The applicant currently has a case pending with the Evaluation reports Appeal Board (ERAB) for the matter in question.  The ERAB case will need to be resolved prior to filing any AFBCMR appeal concerning the matter in question, if needed.   

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant’s counsel on 2 May 16 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-2015-04835 in Executive Session on 18 Aug 16 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04835 was considered:

	Exhibit A.  DD Form 149, dated 28 Sep 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Email, AFBCMR/Applicant, dated 11/17 Feb 16.
	Exhibit D.  Memorandum, AFPC/DPSID, dated 9 Mar 16.
	Exhibit E.  Letter, SAF/MRBR, dated 2 May 16.