RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03478 COUNSEL: HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1.  His CMS Forms 2098, Duty Status Change, effective 13 Nov 12 and 14 Dec 12, be declared void and removed from his records. 2.  His AF Form 707, Officer Performance Report (OPR) (Lt thru Col), rendered for the period 31 October 2010 thru 30 October 2011, be declared void and removed from his records. (administratively resolved). APPLICANT CONTENDS THAT: His records unjustly reflect time in military confinement since he was found not guilty of the misconduct which led to his confinement. Specifically, the presence of these documents has the potential to cause unjust concern and possible bias towards his military career. 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 captain (0-3). On 1 Dec 11, the applicant’s AF Form 707, Officer Performance Report (OPR) (Lt thru Col), rendered for the period 31 Oct 10 thru 30 Oct 11, was referred to the applicant due to the rating and comments. Specifically, he accepted time-off given as a result of questionable information he provided to senior leaders. On 6 Dec 11, the applicant’s counsel appealed the referral OPR on his behalf, indicating that it may not be appropriate because the cited criminal allegations were under investigation. On 13 Nov 12, a CMS 2098 was initiated placing the applicant in pre-trial confinement. On 14 Dec 12, a CMS 2098 was initiated releasing the applicant from military confinement. On 11 Jun 13, the applicant pled not guilty and was found not guilty at a General Courts-Martial (GCM) of 11 specifications of false official statements, 7 specifications of conduct unbecoming an officer and gentleman, 2 specifications of assault, 1 specification of destroying military property, and 1 specification of conduct which was prejudicial to good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces. On 22 May 14, AFPC/DPSID notified the applicant that the Evaluation Report Appeals Board (ERAB) approved to void the contested OPR. On 22 May 14, an AF Form 77, Letter of Evaluation, was initiated that indicated the applicant was not rated for the period 31 Oct 10 thru 30 Oct 11 and the report was removed by order of the Secretary of the Air Force. On 12 Jun 14, AFPC/DPTOS notified the applicant that he has failed to exhaust his available administrative avenues of relief in regards to the removal of his CMS Forms 2098. Specifically, he should appeal to the Case Management System (CMS) in accordance with the provisions of AFI 36-2134 and the Personnel Services Delivery Guide. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFLOA/JAJM did not provide a recommendation. In this case, the applicant was accused of committing various crimes which were referred to a GCM; however, due to evidence of further misconduct and a desire that the initial charges be withdrawn, the case was dismissed. Nevertheless, charges were once again referred but the applicant was found not guilty. In this respect, a military judge concluded that prosecutors presented insufficient evidence to prove the applicant’s guilt beyond a reasonable doubt. However, the negative comments contained in the applicant’s OPR and the duty status change forms documenting the applicant being placed in pre-trial confinement are related to the charged misconduct for which the applicant was found not guilty. A complete copy of the AFLOA/JAJM evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant’s counsel on 2 Jul 14 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). THE BOARD CONCLUDES THAT: 1.  The application was timely filed. 2.  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 this case, the applicant has not provided any evidence to indicate that he has appealed to CMS for a resolution to his issue. 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, relief beyond that already granted administratively is not warranted. THE BOARD DETERMINES THAT: The applicant be notified that he has not exhausted all available avenue of administrative relief prior to submitting his application to the AFBCMR; and the application will only be reconsidered upon exhausting all subordinate avenues of administrative relief. The following members of the Board considered AFBCMR Docket Number BC-2013-03478 in Executive Session on 16 Sep 14, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-03478 was considered: Exhibit A.  DD Form 149, dated 15 Aug 13, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Letter, AFLOA/JAJM, dated 17 Sep 13. Exhibit D.  Letter, SAF/MRBR, dated 2 Jul 14. 1 2