RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01815

 						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His Enlisted Performance Report (EPR) for the reporting period of 27 February 2013 thru 31 January 2014 be void and removed from his records.  

His Weighted Airman Promotion System (WAPS) scores be recalculated for promotion to the grade of Master Sergeant (MSgt, E-7).

APPLICANT CONTENDS THAT:

The EPR was in retaliation for filing a Military Employment Opportunity (MEO) complaint for unfair hiring practices for the position of commandant.

The Letter of Counseling (LOC) and Letter of Reprimand (LOR) were unjustified as they did not include all of the facts.  

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 Technical Sergeant (TSgt, E-6).  

The applicant provides a copy of a LOC dated 21 January 2014, which states he was counseled for disrespectful behavior.  The LOC stated his disrespect was detrimental to the organizational climate and discipline.  The applicant was cautioned his position as an instructor was in jeopardy.  In the applicant’s response to the LOC dated 24 January 2013 [sic], he stated the attempt to counsel him was viewed as a failure.  His job description as an Airman Leadership School (ALS) instructor did not include the subjectivity of being considered likable or agreeable by his supervisor.  His tenure as an ALS instructor indicated he was instrumental in the success of the ALS program and the issues appeared to be personal or reprisal driven.  

The applicant provides a copy of an LOR issued by the Chief of the Force Development Flight dated 27 January 2014.  The LOR states the applicant was disrespectful towards his supervisor in his response to the LOC.  The LOR stated his flagrant insolence and personal disregard for people appointed over him destroyed his integrity as an instructor requiring removal from the special duty assignment.  The applicant’s unprofessional behavior fell below the standards of personal conduct expected of an ALS instructor and as an NCO.  In the applicant’s response to the LOR dated 30 January 2014, the applicant apologized to his supervisor for any alleged actions that was perceived disrespectful.  He stated TSgts should be able to work around personality conflicts and focus on the mission.  

The applicant received a referral EPR with an overall rating of “3” for the reporting period of 27 February 2013 thru 31 January 2014.  The applicant was marked as not meeting standards of conduct, character and military bearing.  The EPR stated he was reprimanded for violation of Article 91, Uniform Code of Military Justice (UCMJ) for disrespect towards a ranking NCO.   

In an e-mail dated 8 July 2016, the AFBCMR informed the applicant that in accordance with AFI 36-2603, Air Force Board for Correction of Military Records, applicants should exhaust all available administrative remedies prior to submitting an application to the AFBCMR or the Board would likely return the request without consideration.  In accordance with AFI 36-2406, Officer and Enlisted Evaluation Systems, the Evaluation Reports Appeal Board (ERAB) was established to provide an avenue of relief for correcting errors or injustices in evaluations at the lowest possible level.  There was no documentation submitted to indicate the applicant had submitted a request to the ERAB prior to submitting his AFBCMR application.   The applicant was provided an opportunity to request his case be administratively closed to first pursue an application to the ERAB.  As of this date, this office has not received a response.  

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 for processing to the AFBCMR.

In accordance with AFI 36-2406, paragraph 10.1, 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.  The application and documentation provided does not reflect he has exhausted the administrative avenue of relief prior to requesting relief from the AFBCMR.  Under the provisions of AFI 36-2603, the AFBCMR is the highest level of administrative appeal within the Air Force.  The AFBCMR will not consider a case until all avenues of administrative relief have been exhausted.  DP2SPE recommends the applicant submit an AF Form 948, Application for Correction/Removal of Evaluation Reports, with all required supporting documentation through the virtual Military Personnel Flight (vMPF), Evaluation Appeals, found under the Most Popular Applications.  

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 29 June 2017 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 (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.  Since we find no basis to grant the applicant’s request that his referral EPR for the period ending 31 January 2014 be removed from his record, we also find no reason to recalculate the applicant’s WAPS scores for promotion to the grade of MSgt at this time.  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-2016-01815 in Executive Session on 3 August 2017 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 2 May 2016, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  E-mail, AFBCMR, dated 8 July 2016.
	Exhibit D.  Memorandum, AFPC/DPS2PE, dated 2 August 2016.
	Exhibit E.  Letter, AFBCMR, dated 29 June 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.