RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2016-01383

						COUNSEL:  NONE

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

His AF IMT 475, Education/Training Report, dated 31 Aug 15, be removed from his records and his assignment history cleared of his time as SDO/DATT Designate to Ireland.

APPLICANT CONTENDS THAT:

The negative training report was based on the false claim that he was dishonest to the Joint Military Attaché School (JMAS) cadre during a review board.  He was accused of erasing data from his computer and thumb drive during an exercise.  He provided definitive, empirical, third-party professional forensic evidence that he did not, and could not, have erased the data.  Additionally, he provided witnesses who countered the claim of dishonesty to the review board.  He was never given a response to the evidence he provided or clarification of the claims though he requested these items both in person and via email.  The United Stated Air Force element issued him a Letter of Reprimand (LOR) based upon the JMAS claims.  The LOR was rescinded upon review of his evidence.

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

STATEMENT OF FACTS:

On 29 Jul 01, the applicant initially entered the Regular Air Force.

On 8 Apr 15, the applicant met a Student Review Board, resulting in his removal from the Attaché Training Program.  There was no report of investigation produced by the Joint Military Attaché School.

On 19 Dec 17, the applicant’s AF Form 475 was uploaded to the Automated Records Management System.

On 23 Feb 18, the applicant was notified he failed to exhaust administrative remedies regarding his request for removal of the AF Form 475 from his personnel record.

The applicant is currently serving on active duty in the Regular Air Force.

The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and E.

AIR FORCE EVALUATION:

AFPC/DP2SPE reviewed the applicant’s request and determined there is no action required.  The applicant’s AF IMT 475, Education/Training Report is not reflected in the applicant’s record, and was never made a matter of record.  The applicant’s Military Personnel Section is responsible to mail the training report for inclusion into the applicant’s record.

In accordance with Air Force Instruction 36-2406, Officer and Enlisted Evaluation Systems, paragraph 1.4.3.1., “All signed evaluations (digitally or “wet” signed) are considered a matter of record once they are uploaded into ARMS.  All evaluations are considered “working copies” until they are made a matter of record; therefore, there is no action required by DP2SPE.

A complete copy of the AFPC/DP2SPE evaluation is at Exhibit C.

AFPC/DP2OSS recommends denial, indicating there is no evidence of error or injustice.

The applicant contends he was given a negative Training Report (TR) based upon a false claim and requests the TR and associated duty history be stricken from his records.

The duty history should remain as the referral TR does not override the fact that the applicant spent nine (9) months assigned to JMAS training.  The referral TR was given during the last exercise of the training course.  Prior to that, the applicant’s performance was appropriate and training was conducted; therefore, the duty history should remain.

A complete copy of the AFPC/DP2OSS evaluation is at Exhibit E.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations, Exhibits C and E, were forwarded to the applicant on 12 Dec 16 and 4 Jan 18 (Exhibits D and F), respectively, for review and comment within 30 days.  Additionally, the applicant was notified he failed to exhaust administrative remedies regarding his request for removal of his AF Form 475 (Exhibit G).  As of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:

1.  The applicant has not 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.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility (OPR) and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice.  Additionally, the applicant must first exhaust all available avenues of administrative relief provided by existing law or regulations prior to seeking relief before this Board, as required by the governing Air Force Instruction.  We find the applicant’s request for removal of his AF Form 475 from his personnel record is not ready for adjudication at this level as there exists a subordinate level of appeal that has not first been depleted.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

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 issues involved.  Therefore, the request for a hearing is not favorably considered.

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-2016-01383 in Executive Session on 3 Apr 18 under the provisions of AFI 36-2603:

, Panel Chair
, Panel Member
, Panel Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-01383 was considered:

	Exhibit A.  DD Form 149, dated 7 Mar 16, w/atchs.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2SPE, undated.
	Exhibit D.  Letter, SAF/MRBC, dated 12 Dec 16, w/atch.
	Exhibit E.  Memorandum, AFPC/DP2OSS, dated 20 Nov 17,
w/atch.
	Exhibit F.  Letter, SAF/MRBC, dated 4 Jan 18, w/atch.
	Exhibit G.  Letter, SAF/MRBC, dated 23 Feb 18.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified a quorum was present at the Board's review and deliberations regarding AFBCMR Docket Number BC-2016-01383, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.