RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01814

						COUNSEL:  

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His AF Form 707, Officer Performance Report (Lt thru Col), for the reporting period ending 29 March 2015 be replaced with the correct version provided.  

APPLICANT CONTENDS THAT:

While conducting a records review, he noticed the wrong version of the OPR was filed in his records.  He initially signed the OPR in May 2015 and did not notice the errors until afterwards.  The correct version was completed with signature dates in June and December 2015 and resubmitted for file in his records.  

Section IV, Rater Overall Assessment, line 6, “RAS” should be changed to “PAS” as he is a Political-Military Affairs Strategist (PAS) officer, Air Force Specialty Code (AFSC) 16P.  Additionally, Section V, Additional Rater Overall Assessment, line 3, should be changed to delete the repetition.   The incorrect version repeats the information in Section IV, line 1.  His unit, the Defense Threat Reduction Agency (DTRA), Europe, contacted DTRA/J1 immediately and was assured the incorrect version of the OPR would not be submitted to AFPC; however it was.  In the meantime, the OPR was corrected and staffed for new signatures and is attached.  

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

STATEMENT OF FACTS:

The applicant is in the Regular Air Force currently serving in the grade of lieutenant colonel (O-5).  

The applicant’s records include AF Form 707 for the reporting period ending 29 March 2015 with ratee acknowledgement signature date of 29 May 2015.  Section IV includes comment the applicant “Aced RAS tour in DTRA.”  

The applicant provides revised AF Form 707 for the reporting period ending 29 March 2015 with required electronic signatures.      

In an e-mail dated 11 July 2016, the AFBCMR informed the applicant per AFI 36-2603, Air Force Board for Correction of Military Records, applicants should exhaust available administrative remedies prior to applying to the Board or the Board would likely return the request without consideration.  AFI 36-2406, Officer and Enlisted Evaluation Systems, provides instructions for submitting requests to the Evaluation Report Appeals Board (ERAB) for administrative correction of performance reports.  The applicant was advised he could request his case be administratively closed to pursue an application to the ERAB.  The e-mail communique indicates the applicant contacted the AFBCMR on 2 August 2016 and requested his case move forward for the Board’s consideration.  Additionally, in an e-mail dated 5 August 2016, the applicant stated he read AFI 36-2406 which instructed him to go through the virtual Military Personnel Flight (vMPF); however, he was unable to submit an ERAB application due to an Air Force-wide issue with new CAC cards and was unable to access the site.  

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 their military records.  If the administrative appeal is not successful, the applicant may resubmit a DD Form 149, Application for Correction of Military Records, and the results of the ERAB administrative review, for the AFBCMR’s consideration.

In accordance with AFI 34-2406, the ERAB was established to provide Air Force personnel with an avenue of relief for correcting errors or injustices in evaluations at the lowest possible level.  An applicant’s second and last avenue of relief is the AFBCMR.  The application and documentation provided do not reflect the applicant has exhausted the available administrative avenue of relief prior to requesting relief from the AFBCMR.  

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 6 March 2017 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 (OPR) 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 RECOMMENDS 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-2016-01814 in Executive Session on 3 August 2017 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-01814 was considered:

	Exhibit A.  DD Form 149, dated 29 February 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  E-mail Communique, dated 8 August 2016. 
	Exhibit D.  Memorandum, AFPC/DPS2PE, dated 18 August 2016. 
	Exhibit E.  Letter, AFBCMR, dated 6 March 2017.  

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.