RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-02307
		INDEX CODE:  111.02
		COUNSEL:  NONE
		HEARING DESIRED:  NOT INDICATED

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APPLICANT REQUESTS THAT:

She receive the appropriate amount of pay and points toward her retirement and she receive a letter of apology.  
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APPLICANT CONTENDS THAT:

Her superintendent reprised against her for making a protected communication by not extending her active duty orders on or about 29 Sep 06.   

In support of her request, applicant provides a copy of the final response to her Inspector General (IG) complaint.  

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

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STATEMENT OF FACTS:

The Military Personnel Data System (MilPDS) reflects the applicant is currently serving in the Air Force Reserve in the grade of staff sergeant, having assumed that grade effective and with a date of rank of 1 Jul 06.  The applicant has been credited with 13 years and 3 months of satisfactory service.  

The applicant filed an IG complaint containing one allegation that the superintendent of the Joint Service Honor Guard (JSHG) reprised against her for making a protected disclosure to the Military Equal Opportunity (MEO) Office.  An investigation was conducted and the investigating officer concluded that the applicant’s allegation was unsubstantiated.  The SAF/IGQ reviewer disagreed with the analysis concluding that the preponderance of evidence supports a substantiated finding.  On 4 Sep 07, the DoD/IG agreed with this determination.  

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AIR FORCE EVALUATION:

AFRC/A1E recommends approval.  A1E states that based on the substantiated findings of reprisal, it is reasonable to surmise that the applicant would have been continued on active duty orders during the period 30 Sep 06 to 30 Sep 07.   The complete AFRC/A1E evaluation, with attachments, is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

A copy of the Air Force evaluation was forwarded to the applicant on 22 Aug 08 for review and comment within 30 days.  As of this date, this office has received no 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 an injustice.  Noting that the IG investigation substantiated reprisal, we find it reasonable to believe the applicant would have been continued on active duty orders for the period of 30 Sep 06 to 30 Sep 07.  Therefore, in view of the foregoing, we recommend the applicant's record be corrected as indicated below.  With regard to the applicant's request for a letter of apology, we advise the applicant that this matter is not within the purview of this Board and therefore deny this portion of her 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:

	a.  She was awarded an additional 62 paid active duty points for retention/retirement year 12 March 2006 to 11 March 2007.

	b.  She was awarded an additional 163 paid active duty points for retention/retirement year 12 March 2007 to 11 March 2008.  

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The following members of the Board considered Docket Number BC-2008-02307 in Executive Session on 24 Sep 08 under the provisions of AFI 36‑2603:

			Panel Chair
			Member
			Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to Docket Number BC-2008-02307 was considered:

     Exhibit A.  DD Form 149, dated 13 Jun 08, w/atch.
     Exhibit B.  Letter, AFRC/A1E, dated 7 Aug 08, w/atchs.
     Exhibit C.  Letter, SAF/MRB, dated 22 Aug 08
     Exhibit D.  I.G. Report of Investigation, dated 18 Jul 07,
                 (withdrawn). 

                                  
                                  Panel Chair

AFBCMR BC-2008-02307

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 that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that:

		a.  She was awarded an additional 62 paid active duty points for retention/retirement year 12 March 2006 to 11 March 2007.

		b.  She was awarded an additional 163 paid active duty points for retention/retirement year 12 March 2007 to 11 March 2008.  

                                                                            
                                                                            Director
                                                                            Air Force Review Boards Agency