RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02812
		INDEX CODE:  126.03

		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Letter of Reprimand (LOR), dated 22 Feb 02, and the Unfavorable Information File (UIF) be declared void and removed from her records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The senior ranking officer, Capt J---, solicited and pressured 11 classmates to write memoranda of record.

There were inaccurate statements by her accusers.

She was the victim of racial discrimination and differential treatment.

In support of her appeal, the applicant provided documentation pertaining to the LOR, including the LOR, statements and memoranda of record.

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

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System (PDS) indicates that the applicant is currently serving on active duty in the grade of captain, having been promoted to that grade on 9 Jun 98.  Her Total Active Federal Military Service Date (TAFMSD) is 8 Jul 96.

On 22 Feb 02, the applicant received an LOR after an investigation disclosed that on or about 29 Nov 01, while participating as a student in the Language and Area Studies Immersion (LASI) program in Nice, France, she was derelict in the performance of her duties by willfully and intentionally refusing to attend a mandatory lecture on the local economy.  On or about 3 Dec 01, she failed to obey a lawful order given to her by Captain J---, her class senior ranking officer, to provide her with a translated version of the lecture notes as a makeup for missing the required class.  Furthermore, it was revealed through unsolicited memoranda for record from 11 fellow students, the school director, and her host family, of numerous accounts of unprofessional and embarrassing behavior exhibited by her while on temporary duty (TDY) to include public confrontations with her senior ranking officer, comments to the school director that she was in Nice, France, on “vacation,” and exhibiting a negative attitude toward her host family by limiting her contact with them to the minimum extent possible, refusing to eat many of the meals they prepared for her, and using their private phone, located in their bedroom, despite being informed that was the only room she was not allowed to enter.  In addition, she refused to speak French around her host family and invited a friend to their home the day she used the phone--both of which violated the policy agreement she signed on 6 Dec 00.  As a result of the LOR, a UIF was established.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSFM recommended denial indicating that the use of the LOR by commanders and supervisors is an exercise of supervisory authority and responsibility.  The LOR is used to reprove, correct, and instruct subordinates who depart from acceptable norms of conduct or behavior, on or off duty, and helps maintain established Air Force standards of conduct or behavior.  A reprimand is more severe than a counseling or admonition and indicates a stronger degree of official censure.  An individual has three duty days upon receipt to submit rebuttal documents for consideration by the initiator.  LORs are mandatory for file in the UIF for officer personnel.

AFPC/DPSFM stated that the commander completed an investigation of the allegations against the applicant and considered all the statements provided, to include the Chief, International Airman Division, the applicant’s classmate’s statements, the host family, and the applicant’s rebuttal statements and concluded that her performance and behavior were unprofessional.

A complete copy of the AFPC/DPSFM evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 27 Nov 02 for review and response.  As of this date, no response has been received by this office (Exhibit D).

_________________________________________________________________

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 error.  The applicant’s complete submission was thoroughly reviewed and her contentions were duly noted.  However, we did not find her assertions nor the documentation submitted in support of her appeal sufficiently persuasive to warrant corrective action.  The evidence of record indicates that the applicant received an LOR for dereliction of her duties, failure to obey a lawful order, and unprofessional and embarrassing behavior.  As a result of the LOR, a UIF was established.  After a thorough review of the facts and circumstances of this case, we find no evidence which would lead us to believe that the information used as a basis for the LOR was erroneous, or that their was an abuse of discretionary authority.  Furthermore, no evidence has been presented which convinces us that the applicant was the victim of racial discrimination or any differential treatment.  In view of the foregoing, and in the absence of sufficient evidence to the contrary, we conclude that no basis exists to recommend favorable action on the applicant’s request that the LOR and UIF be voided and removed from her records.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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 02-02812 in Executive Session on 28 Jan 03, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Aug 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSFM, dated 21 Nov 02.
    Exhibit D.  Letter, SAF/MRBR, dated 27 Nov 02.