RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-04596
		 	COUNSEL:  NONE
			HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

His Referral Enlisted Performance Report (EPR) for the period 
14 March 2012 through 13 March 2013 be removed from his records.


APPLICANT CONTENDS THAT:

His EPR was unjustly downgraded in all categories.  He was not 
able to get his chain-of-command to adjust his EPR prior to the 
close-out.  He sought assistance from his chain-of-command and 
the Inspector General (IG), and it was recommended that he 
proceed to the Air Force Board for Correction of Military 
Records (AFBCMR).

In support of his request the applicant provides copies of his 
EPRs, rebuttal response to his referral EPR, Performance 
Feedback Worksheets, On-the-Job Training Record Continuation 
Sheet, electronic communiqués, and AF Form 102, Inspector 
General Personal and Fraud, Waste & Abuse Complaint 
Registration.

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


STATEMENT OF FACTS:

On 30 April 2013, the applicant filed an IG complaint for 
retaliation or abuse of authority against his rater for giving 
him a referral EPR.

In a letter dated 30 September 2013, HQ AFGCS/IGQ advised the 
applicant that they concurred with DoD/IG’s review and the Air 
Force determination that reprisal did not occur and that further 
investigation was not warranted.  The applicant was invited to 
petition the Board for further consideration of this matter.



THE AIR FORCE EVALUATION:

AFPC/DPSIDE recommends the applicant submit an AF Form 948, 
Application for Correction/Removal of Evaluation Reports, with 
all required supporting documentation, through the vMPF 
Evaluation Appeals, as he has not exhausted his administrative 
remedies, prior to seeking relief from the Board.  The first 
avenue of relief is through the Evaluation Report Appeals Board 
(ERAB).  The ERAB returned the applicant’s request without 
action, pending additional documentation. If the applicant 
wishes to void the contested report, he must provide factual, 
specific, and substantiated information that is from credible 
officials or agencies and is based on firsthand observation.  If 
the administrative appeal is unsuccessful, the applicant may 
resubmit the DD Form 149, Application for Correction of Military 
Records.

The complete DPSIDE evaluation is at Exhibit C.


APPLICANT’S REVIEW OF THE AIR FORCE EVALUATION:

On 25 April 2014, a copy of the Air Force evaluation was 
forwarded to the applicant 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 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 he has not exhausted all 
available avenues of administrative relief prior to submitting 
his application to the BCMR; and the application will only be 
reconsidered upon exhausting all subordinate avenues of 
administrative relief.


The following members of the Board considered this application 
in Executive Session 8 July 2014, under the provisions of AFI 
36-2603:

 , Panel Chair
 , Member
 , Member

The following documentary evidence was considered in AFBCMR BC-
2013-04596:

    Exhibit A.  DD Form 149, dated 23 September 2013, w/atchs.
    Exhibit B.  Applicant’s Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSIDE, dated 17 April 2014.
    Exhibit D.  Letter, SAF/MRBR, dated 25 April 2014.
    Exhibit E.  Report of Investigation - WITHDRAWN