RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00831 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1. The effective date of his upgrade to seven skill-level be corrected to reflect 6 Dec 11, which coincides with when he was signed off on his last seven-level task. 2. His Enlisted Performance Report (EPR), rendered for the period of 3 Mar 12 through 2 Mar 13, be declared void and removed from his records. APPLICANT CONTENDS THAT: 1. His commander deliberately delayed his seven skill-level upgrade due to a change in the Career Field Education and Training Plan (CFETP). A new task had been added to the five skill-level requirements. However, he already had his five skill-level and had completed all of his requirements for the seven skill-level requirement prior to the addition of the new task requirement. His squadron determined he would have to complete the new five-level task before they would allow him to be awarded his seven-level. 2. His EPR is unjust based on inconsistency in the rating with his previous EPRs. During the rating period, he was not given formal feedback, despite the fact that he asked his supervision on many occasions for written and or verbal feedback. There is not a formal feedback date annotated on his EPR. Ultimately, he had no chance to improve behavior, nor was he given any counseling to suggest needed improvement in primary duties and teamwork. 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 Technical Sergeant (E-6). On 12 Sep 13, the applicant was awarded his seven-level in his Air Force Specialty Code (AFSC). Applicant’s EPR closeout profile for the last ten years is as follows: CLOSEOUT RATING 2 Mar 07 4 2 Mar 08 5 2 Mar 09 4 2 Mar 10 5 2 Mar 11 5 2 Mar 12 5 * 2 Mar 13 4 12 Nov 13 5 21 Apr 14 5 30 Nov 14 5 * Contested EPR The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D. AIR FORCE EVALUATION: AFPC/DPSIT recommends denial of the applicant’s request related to his skill level indicating there is no evidence of an error or an injustice. IAW AFI 36-2201, Air Force Training Program, paragraph 4.1.2.3., completing core tasks is only one of the requirements needed to upgrade to the seven skill-level. The supervisor must recommend upgrade and the commander must approve. An AF Form 2096, Classification/On-the-Job Training Action, would be accomplished and signed by the commander. A complete copy of the AFPC/DPSIT evaluation is at Exhibit C. AFPC/DPSIDE recommends denial of the applicant’s request related to his EPR, indicating the applicant has not exhausted all available avenues of administrative relief prior to seeking correction of his military record. The Air Force Board for Correction of Military Records (AFBCMR) will not consider a case until all avenues of administrative relief have been exhausted. The application was forwarded to the Evaluation Report Appeals Board (ERAB) for their review and they determined the request should be returned without action, pending additional supporting documentation. The applicant should submit an AF Form 948, Application for Correction/Removal of Evaluation Reports, with all required supporting documentation, through the vMPF/ Evaluation Appeals found under the Most Popular Applications. A complete copy of the AFPC/DPSIDE evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 17 Nov 14 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 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 an error or injustice regarding the applicant’s request to change the date of the upgrade to his seven skill-level change. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the AFPC/DPSIT and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Regarding the removal of the EPR, 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 aspect of the applicant’s request 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 the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. The following members of the Board considered AFBCMR Docket Number BC-2014-00831 in Executive Session on 29 Jan 15, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 30 Dec 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSIT, dated 4 Mar 14. Exhibit D. Memorandum, AFPC/DPSIDE, dated 26 Oct 14 Exhibit E. Letter, SAF/MRBR, dated 17 Nov 14.