RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS. IN THE MATTER OF: DOCKET NUMBER: BC-2015-01521 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Letter of Reprimand (LOR) dated 28 January 2013 be removed from his records. APPLICANT CONTENDS THAT: Per AFI 36-2907, Unfavorable Information File (UIF) Program, the LOR should be removed after two years. He is currently in the Air Force Reserve and he is afraid the document remaining in his file will impede his progression. The applicant’s complete submission is at Exhibit A. STATEMENT OF FACTS: The applicant is in the Air Force Reserve serving in the grade of major (O-4). On 16 June 2001, the applicant entered the Regular Air Force and was honorably discharged on 1 February 2014 with a narrative reason for separation of “Completion of Required Active Service.” He was credited with 12 years, 7 months and 15 days of active duty service. The applicant’s Automated Records Management System (ARMS) record includes an LOR dated 28 January 2013. The reasons for the LOR were that on 13 and 14 December 2012, he was drunk and disorderly and displayed conduct unbecoming of an officer. On 5 April 2013, his commander determined the LOR to be filed in his USAF selection and command selection records. AIR FORCE EVALUATION: AFPC/DPSIM recommends denial. There is insufficient evidence as the applicant did not provide the LOR dated 28 January 2013. Since the applicant is now in the Air Force Reserve, DPSIM is unable to view his records to determine if the LOR is still filed in his records. DPSIM recommends the case be forwarded to the Air Reserve Personnel Center (ARPC) for a recommendation. In Accordance With (IAW) AFI 36-2907, paragraph 4, a reprimand is more severe than a counseling or admonition and indicates a stronger degree of official censure. LORs are mandatory for file in the UIF for officers. Table 2.2, Rule 5, states “Officer: is two years from the date the commander signs section V of AF Form 1058, Unfavorable Information File Actions.” A complete copy of the AFPC/DPSIM evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He requests the LOR dated 28 January 2013 be removed from his record. He did not provide the LOR because IAW AFI 36-2907 it should already be removed. AFPC’s own evaluation cites AFI 36- 2907, Table 2.2 saying it should be removed after two years. He can provide a copy if it will expedite removal; however, he is concerned with providing a record that can be added and is still not removed almost two years after it should have been removed. He transferred from active duty to the Air Force Reserve on 2 February 2014, before the two years stated in AFI 36-2907. His Reserve command did not issue the LOR and they do not know how to remove an active duty LOR from his record. He has exhausted all administrative remedies to have the LOR removed. His Reserve promotion board is approaching and the derogatory information which should have been removed will have a serious negative impact on his ability to be promoted. He humbly requests the Board do what has not been done IAW AFI 36-2907 and what he has not been able to do through administrative remedies and remove the LOR and all mention of it from his records. The applicant’s complete response is at Exhibit E. ADDITIONAL AIR FORCE EVALUATION: ARPC/PB recommends denial. The LOR was placed in the applicant’s records according to law and policy. The applicant refers to AFI 36-2907 stating the disposition of an LOR from a UIF is two years from the date the commander signs the form. However, per AFI 36-2608, Military Personnel Records Systems, an LOR placed in the Officer Selection Record (OSR) will not be removed until receipt of an approved request for its removal and the request for removal will not be processed until the officer is afforded one In the Promotion Zone (IPZ) or Above the Promotion Zone (APZ) consideration for lieutenant colonels and below. The applicant has not been afforded any IPZ or APZ consideration since receiving the LOR. The applicant’s date of rank is 1 July 2001 and he will meet his first mandatory lieutenant colonel promotion board (IPZ) in 2017. The removal of an LOR from the OSR has no bearing on the permanent filing of the documents in the Master Personnel Record (MPR). There is no disposition timeline for an LOR from the MPR and it will remain a permanent document. However, board members do not have access to the MPR during a promotion board. There is no evidence the applicant’s commander acted contrary to law or regulation when the LOR was issued or when the commander made the decision to place it in his OSR. The applicant also has not presented any evidence of extenuating circumstances that justify early removal of the LOR from his OSR. A complete copy of the ARPC/PB evaluation is at Exhibit F. APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: A copy of the additional Air Force evaluation was forwarded to the applicant on 2 March 2016 for review and comment within 30 days (Exhibit G). As of this date, no response has been received by this office. 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 an error or injustice. The applicant states his Reserve promotion board is approaching and requests the LOR be removed from his records in accordance with AFI 36-2907, Unfavorable Information File (UIF) Program, which states LORs be removed from UIFs after two years. However, the applicant is requesting removal of his LOR from his officer selection and master personnel records rather than from a UIF. Therefore, we agree with the opinion and recommendation of ARPC/PB and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2015-01521 in Executive Session on 13 January and 11 April 2016 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 3 April 2015.. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSIM, dated 21 May 2015. Exhibit D. Letter, SAF/MRBR, dated 14 September 2015. Exhibit E. Letter, Applicant, dated 5 October 2015. Exhibit F. Memorandum, ARPC/PB, dated 10 February 2016. Exhibit G. Letter, AFBCMR, dated 2 March 2016.