RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-00909
		INDEX CODE:  111.00, 126.04
	 	COUNSEL:  NONE
		HEARING DESIRED:  YES
					
MANDATORY CASE COMPLETION DATE: Sep 25, 2008

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APPLICANT REQUESTS THAT:

His enlisted performance report (EPR) ending 24 Jul 06 be voided and expunged from his records and the suspension of his security clearance be lifted.

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APPLICANT CONTENDS THAT:

He was a member of the Air Force Reserves since May 91 and recently retired after 20 years of service.

The comments in his 2006 EPR were a sudden deviation from previous EPRs.

He was given an administrative demotion, but his EPR does not recognize that the demotion referred was later reversed on appeal and it was written while the legal issues were still extant.

In support of his request, applicant provided copies of EPRs, a copy of his demotion notification letter, demotion orders, and letters reversing his demotion with Special Orders attached.

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

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STATEMENT OF FACTS:

On 4 Aug 06, the applicant was notified of demotion actions for failure to fulfill noncommissioned officer responsibilities.  In addition, the notification indicated that the applicant’s forgery of government documents and misconduct resulted in the suspension of his access to classified information/unescorted entry into restricted areas, and that his security clearance had been suspended along with access to all government systems to include network and e-mail access.

On 19 Nov 06, the applicant was demoted from technical sergeant (TSgt) to the rank of staff sergeant (SSgt).

On 25 Feb 07, the applicant retired from the Air Force Reserves.

The applicant appealed his demotion and on 6 Mar 07, the appellate authority, 22 AF/CC, approved the applicant’s request to restore his previous grade of TSgt and the demotion order was revoked in its entirety. 

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AIR FORCE EVALUATION:

AFRC/A1B recommends approval of the applicant’s request for expunging his EPR with a closeout date of 24 Jul 06.  Any actions taken to demote the applicant from TSgt to SSgt were accomplished after the closeout date of the EPR.  The applicant submitted appeal documentation for the rank of TSgt to be restored but before a recommendation could be made he retired from the Air Force Reserves.

The ARPC/A1B complete evaluation is at Exhibit B.

AFCAF/PS has stated that after a review of the Joint Personnel Adjudication System (JPAS), the applicant’s security clearance eligibility is coded as “Loss of Jurisdiction,” not suspended.  Loss of jurisdiction means an individual no longer works in any capacity for the Department of the Air Force; therefore, the Air Force no longer has jurisdiction over his clearance eligibility.

Should the applicant seek future employment in a federal position that requires a security clearance, the servicing adjudication facility would be responsible for determining security clearance eligibility at that time.

The AFCAF/PS complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 8 Jun 07 and 5 Sep 07 for review and comment within 30 days (Exhibit D).  As of this date, this office has not received a response.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting removal of the applicant’s EPR closing 24 July 2006.   As such, we agree with the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion to grant this portion of the requested relief.   Regarding the applicant’s request concerning his security clearance, we concur with the recommendation of AFCAF/PS and adopt its rationale as the basis for our conclusion that when an individual no longer works in any capacity for the Department of the Air Force, the Air Force no longer has jurisdiction over their security clearance.  Accordingly, it is recommended the record be corrected as indicated below:

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that the Enlisted Performance Report (AB thru TSgt), AF IMT 910, rendered for the period 21 December 2004 through 24 July 2006 be, and hereby is, declared void and removed from his records.

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The following members of the Board considered Docket Number BC-2007-00909 in Executive Session on 16 October 2007, under the provisions of AFI 36-2603:

XXXXXXXXXX, Panel Chair
XXXXXXXXXX, Member
XXXXXXXXXX, Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, w/atch, dated 12 Mar 07.
     Exhibit B.  Memorandum, HQ AFRC/A1B, dated 4 Jun 07.
     Exhibit C.  Letter, SAF/MRBR, dated 8 Jun 07.
     Exhibit D.  Memorandum, AFCAF/PS, dated 14 Aug 07.
     Exhibit E.  Letter, AFBCMR, dated 5 Sep 07.

							
						XXXXXXXXXX
						Panel Chair

AFBCMR BC-2007-00909	

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed:

	            The pertinent military records of the Department of the Air Force relating to XXXXXXXXX, be corrected to show that the Enlisted Performance Report (AB thru TSgt),  AF IMT Form 910, rendered for the period   21 December 2004 through 24 July 2006, be, and hereby is, declared void and removed from his records. 

				                                        XXXXXXXXXX
				                                        Director
				                                        Air Force Review Board Agency