RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-03237
				INDEX CODE:  126.03
				COUNSEL:  NONE
				HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The Letter of Reprimand (LOR) dated 29 Jul 04 be removed from his records.

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APPLICANT CONTENDS THAT:

The Inspector General (IG) determined the LOR was unjust.  Because of the LOR, he was never promoted.

In support of his appeal the applicant provided a copy of the IG findings.

Applicant's complete submission, with attachment, is at Exhibit A.

STATEMENT OF FACTS:

The applicant is currently serving in the Air National Guard (ANG) as a staff sergeant.

The remaining relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B.

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AIR FORCE EVALUATION:

JFHQ-TN-MPMO recommends the requested relief be denied.  JFHQ-TN-MPMO states AFI 36-2907, Unfavorable Information File (UIF), is not applicable to the ANG.  The Tennessee ANG does not have a state regulation to authorize units to maintain a UIF.  The Military Personnel Flight does not have an LOR on file in the applicant’s Unit Personnel Record.

He was voluntarily demoted from master sergeant to staff sergeant effective 30 Apr 99.  He was crossed trained for force management reasons into another Air Force Specialty Code to remain in the ANG.  He is currently assigned to a staff sergeant position.  He is not eligible for promotion at this time based on current assignment and qualification training, not because of an LOR in his record.

The complete JFHQ-TN-MPMO evaluation is at Exhibit B.

NGB/A1PS concurs with the Tennessee ANG advisory and recommends the requested relief be denied.  The complete NGB/A1PS evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 11 Jan 08 for review and response within 30 days.  As of this date, no response has been received by this office.

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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 an injustice to warrant some relief.  Applicant requests the LOR issued on 24 Jul 04 be removed from his records.  In support of his appeal he provided an IG investigative report in which three of his five allegations of inappropriate actions against him, which led to the issuance of the LOR, were found substantiated.  Accordingly, it is our opinion the applicant has established reasonable doubt as to fairness and appropriateness of the LOR.  We believe the benefit of such doubt should be resolved in his favor.  We note that the Air Force office of primary responsibility has indicated that regulations do not exist which authorize ANG units to maintain LORs.  However, in order to ensure its non-existence, we recommend action be taken to declare the LOR void and expunged from his records.  

4.  While he makes no specific request for corrective action regarding his contention that because of the LOR he was never promoted, it appears the office of primary responsibility has adequately addressed this allegation and their comments have not been refuted by the applicant.  Therefore, we find no error or injustice with respect to that portion of his request.

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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 Letter of Reprimand issued on 24 July 2004, be declared void and removed from his records.

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The following members of the Board considered AFBCMR Docket Number BC-2007-03237 in Executive Session on 27 Mar 08, under the provisions of AFI 36‑2603:

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2007-03237 was considered:

	Exhibit A.	DD Form 149, dated 19 Sep 07, w/atchs.
	Exhibit B.	Letter, JFHQ-TN-MPMO, dated 7 Nov 07.
	Exhibit C.	Letter, NGB/A1PS, 18 Dec 07.
	Exhibit D.	Letter, SAF/MRBR, dated 11 Jan 08.