ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-02567 INDEX CODE: 111.05 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: 1. The Inspector General (IG) Appointing Authority’s findings, dated 18 Sep 02, concluding that none of the allegations against him were substantiated by a preponderance of the evidence, be declared final. 2. The Senior Officer Unfavorable Information File (SOUIF), to include the Adverse Information Summary, which was considered by the Calendar Year 2006 (CY06) Brigadier General Selection Board, be declared void and removed from his records. ________________________________________________________________ _ STATEMENT OF FACTS: On 7 Mar 06, the Board considered the applicant’s request that an IG investigative record be amended to reflect that all allegations against him were unsubstantiated, or the investigative record be expunged from the IG files. A majority of the Board recommended that his request be denied, which was accepted by the Secretary’s designee. For an accounting of the facts and circumstances surrounding the applicant’s initial request and the rationale of the earlier decision by the Board, see the Record of Proceedings at Exhibit G (with Exhibits A through F). By application, dated 31 Jul 08, he requests reconsideration of his application, contending that during a legal review of his promotion nomination folder, USAF/JA concluded that ACC/IG had used an improper legal standard to reverse the Appointing Authority’s findings of not substantiated for all allegations against him. In support of his appeal, the applicant provides a personal statement, a copy of a SAF/IG Memorandum, with attachments, an email related to his request, and a AF/JAA Memorandum, dated 20 Jun 08. The applicant’s complete submission, with attachments, is at Exhibit H. ________________________________________________________________ _ THE BOARD CONCLUDES THAT: In an earlier finding, the Board determined that there was insufficient evidence to warrant any corrective action regarding the applicant’s request to amend or expunge the ACC/IG investigative record. We have reviewed the applicant’s most recent submission and find the evidence provided sufficient to warrant a reversal of the previous determination in this case. We took particular note of the memorandum from AF/JAA provided by the applicant in support of his appeal. According to AF/JAA, the ACC/IG relied on improper legal standards when it found a previous unsubstantiated allegation against the applicant was substantiated. In our view, this raises doubt regarding the ACC/IG’s findings. Therefore, we believe any doubt should be resolved in favor of the applicant. Accordingly, we recommend his records be corrected as indicated below. ________________________________________________________________ _ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that: a. The Air Combat Command Addendum to Report of Investigation, dated 31 Oct 02, be declared void and removed from his records; and, consequently, the 67th Information Operations Wing Addendum to Report of Investigation, dated 18 Sep 02, be declared the final investigative findings into these matters. b. The Senior Officer Unfavorable Information File (SOUIF), to include the Adverse Information Summary, which was considered by the Calendar Year 2006 (CY06) Brigadier General Selection Board, be declared void and removed from his records. It is further recommended that his corrected record be considered for promotion to the grade of Brigadier General by a Special Selection Board (SSB) for the Calendar Year 2006 Brigadier General Promotion Board and any subsequent boards in which his corrected record was not a matter of record. ________________________________________________________________ _ The following members of the Board considered AFBCMR Docket Number BC-2005-02567 in Executive Session on 22 Feb 10 under the provisions of AFI 36-2603: ----------, Panel Chair ----------, Member ----------, Member All members voted to correct the record, as recommended. The following additional documentary evidence was considered: Exhibit G. Record of Proceedings, dated 30 Mar 06, w/atchs. Exhibit H. DD Form 149, dated 31 Jul 08, w/atchs. ------------- Panel Chair