RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-00723 INDEX CODE:	107.00

COUNSEL:	NONE HEARING DESIRED: YES

APPLICANT REQUESTS THAT:
His Central Adjudication File (CAF) be corrected to delete any reference to delinquent accounts (XXXXXXXXX, XXXXXXXXX, and XXXXXXXXX) from Chase Manhattan Bank and an account from Citibank (XXXXXXXXX) as well as any reference regarding the applicant’s failure to provide documentation, with respect to his CAF file, as it pertains to his military decorations and retirement points.

APPLICANT CONTENDS THAT:
The deletions noted should have been removed from his record as per instructions from the Air Force Privacy Act Review Board (AFPARB) in a decision dated 15 June 2007. The Air Force CAF (AFCAF) has thus far refused to correct his CAF file.

In support of his appeal, the applicant has provided a copy of the AFPARB decision dated 15 June 2007.

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

STATEMENT OF FACTS:
The U.S. Army revoked the applicant’s security clearance eligibility  for  personal  conduct  and  financial  issues  on
29 October 2003. The applicant appealed but on 28 September 2004, the U.S. Army Appeals Board upheld the revocation action. He left the Army as a LtCol and enlisted with the California Air National Guard (CAANG) as a staff sergeant (E-5). On 1 September 2005, his commander requested reinstatement of the applicant’s clearance. On 5 December 2006, AFCAF informed applicant’s commander that the documentation submitted in his request to reinstate the clearance failed to mitigate all the concerns outlined in the original revocation including proof that his military records had been corrected concerning his decorations and points. Further, a credit report dated 15 May 2006 showed the applicant with several accounts in default or past due.

However, in a letter dated 15 June 2007, SAF/GC determined that the applicant’s AFCAF file should be amended to delete references to delinquent accounts and to delete references of the applicant’s failure to provide documentation that corrected his military decorations and retirement points. The Joint Personnel Adjudications System (JPAS), the DoD system of record for security clearance  eligibility has been updated to reflect mitigation of the credit concerns and decoration issues. However, the applicant’s personal conduct as it relates to his failure to inform authorities (until confronted) that he was receiving credit for retirement points which he had not earned has not been mitigated. The applicant retired from the CAANG on 11 May 2007.

AIR FORCE EVALUATION:
AFCAF/PSA recommends denial based on a lack of jurisdiction as the applicant retired on 11 May 2007. His retirement from the CAANG removed the Air Force’s jurisdiction over his security clearance eligibility. This jurisdictional issue was relayed to the applicant as early as 25 October 2007.

AFCAF/PSA’s complete evaluation, with attachment, is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant states the relief requested has already been ordered by the Air Force Privacy Act Review Board (AFPARB), yet he contends the AFCAF refuses to follow the clear orders that they have received from the AFPARB. Even though this decision was handed down almost two years ago, a recent Freedom of Information Act (FOIA) response he received made it quite clear they (AFCAF) still refuse to make the changes they were ordered to make. He notes four major points in the decision of the AFPARB of which the first three are the disputed “facts” in his file and the last is a direction to the AFCAF that they re-adjudicate his security clearance. The applicant contends that all reference to delinquent accounts in the 15 May 2006 Equifax Report be deleted from his AF security file; that any ‘security issue’ with regard to his awards and decorations be removed from his security file; that any reference to disputed participation points be removed from his security file; and finally, that since the AFCAF admits that they do not have the jurisdiction to restore his security clearance, that the AFBCMR enforce the decision of the AFPARB and reinstate his security clearance.

Applicant’s complete response, with attachments, is at Exhibit E.

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 or injustice. We find that after thoroughly reviewing  the documentation that has been submitted in support of applicant's appeal, we do not believe he continues to suffer from an injustice with regard to the contents of his CAF file. The comments of AFCAF/PSA in their 10 June 2008 advisory are supported by the evidence of record. All of the evidence presented appears to show that the applicant’s CAF file was corrected in response to SAF/GCAs 15 June 2007 determination that his CAF file  be amended to remove any reference to delinquent financial accounts and any reference to the applicant “…failing to provide documentation…” with regard to his CAF file as it pertains to military decorations and participation points. After reviewing the 25 October 2007 letter from the Office of Legislative Liaison in response to Mr. XXXXXX, we note that the subject letter makes clear that the CAF file was updated to remove financially delinquent accounts and that the file was also updated to show he submitted information concerning his military decorations and retirement points. As he has not shown that he continues to be the victim of false or misleading information in his CAF file with regard to the corrections that have been made, there is nothing further for us to consider in that regard. Consequently, based solely on information provided in his undated rebuttal to the AFCAF/PSA advisory, the only remaining point of contention appears to be his request that the AFCAF either re- adjudicate or restore his security clearance. He contends in his rebuttal that the AFPARB has ‘clearly’ directed both actions be taken. We could find no such direction; either by the CAF, the SAF/GCA memorandum, or anywhere else in his application to either re-adjudicate or restore his clearance. In fact, the only mention of any kind of reconsideration of his security clearance is made by the Office of Legislative Liaison that declares no reconsideration is available (a jurisdictional issue) due to his retirement from the California ANG. It does note, however, that should the applicant request affiliation with the DOD in the future, an adjudicative decision would be made then. Therefore, as all the directed corrections to his CAF have been made, and absent evidence that there has been any recommendation directing that his clearance be restored or re-adjudicated, we find no basis upon which to favorably consider that part of his application.

4.	The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue involved. Therefore, the request for a hearing is not favorably considered.
1.	
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 BC-2008-00723 in Executive Session on 11 March 2009, under the provisions of AFI 36-2603:

Chair Member Member

The following documentary evidence was considered:
Exhibit A.	DD Form 149, dated 12 Oct 07, w/atch. Exhibit B.	Letter, SAF/MRBR, dated 21 Feb 08.
Exhibit C.	Letter, Applicant, dated 29 Feb 08, w/atchs. Exhibit D.	Letter, AFCAF/PSA, 10 Jun 08, w/atch.
Exhibit E.	Letter, SAF/MRBR, dated 13 Jun 08. Exhibit F.	Letter, Applicant, undated, w/atchs.