RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2016-02652

						COUNSEL: 

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His records be corrected to reflect:

1.  Demotion orders revoked, original date of rank reinstated to 1 May 12, with all applicable back pay and allowances.

2.  Retroactive promotion to Staff Sergeant, or supplemental consideration for 14E5 and 15E5 testing cycles.

APPLICANT CONTENDS THAT:

Despite multiple requests to Total Force Management and his local Military Personnel Section (MPS), his demotion order could not be located in the Automated Records Management System (ARMS) or the Personnel Records Display Application (PRDA).  His demotion order was not published and loaded to his military personnel record until 8 Jun 16, after he submitted a revocation request to the demotion authority.  Since the MPS did not publish the orders until 8 Jun 16, they did so without basis of authority, in violation of Air Force Instruction (AFI) 36-2502, Enlisted Airman Promotion/Demotion Programs, because the summary of the facts are null and void.  Additionally, AFI 36-2502 requires the MPS to send a copy of the entire case file to AFPC/DPSIRR to load to ARMS.  The case file is not loaded, possible exposing mishandling of his case file.

The basis of authority for the Letter of Reprimand (LOR), which was used to support the demotion, does not exist.  Charges with the Oktibbeha County Court House were dismissed on 2 Jun 15, and his petition for expungement was approved by the Justice Court Judge via Order of Expungement of Criminal Record.  Also, a request to rescind the LOR was granted by the current 14th Security Forces Squadron Commander (14 SFS/CC).  The 14 SFS/CC forwarded the applicant’s request for revocation of demotion to the demotion authority, citing he was unaware of a previous request to rescind the LOR, but confirming it was removed from the applicant’s personnel information file.

In further support, the applicant submitted an application for correction/removal of evaluation reports, appealing the Enlisted Performance Report (EPR) for the period 19 Apr 13 – 18 Apr 14, which reflected the demotion action and reason for demotion.  The expungement order was the only attachment.  The Evaluation Reports Appeals Board (ERAB) granted the motion to void the report after finding there was proof beyond a reasonable doubt the reason for demotion was no longer valid, in accordance with AFI 36-2406, Officer and Enlisted Evaluation Systems.

Finally, application to the Air Force Board for Correction of Military Records, BC-2015-02695, requesting report I2015000050, and any paperwork stemming from the report, be deleted from the Security Forces Information Management System was granted on 25 May 16.

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

STATEMENT OF FACTS:

On 3 Nov 09, the applicant initially entered the Regular Air Force.

On 19 Oct 13, the Oktibbeha County Sheriff’s Office conducted a traffic stop involving the applicant, and subsequently arrested the applicant for suspicion of Driving Under the Influence.  Once at the county jail, the applicant was tested for alcohol consumption utilizing the Intoxilyzer 8000.  The first test sample reading was .113 and the second was .111.

On 31 Oct 13, the applicant was issued a Letter of Reprimand (LOR), by his squadron commander, for driving a motor vehicle on public roads while intoxicated.  The LOR was place in the applicant’s Personnel Information File (PIF).

On 11 Dec 13, the Commander, 14th Security Forces Squadron, recommended administrative demotion of the applicant.  The Demotion Authority, Commander, 14th Mission Support Group, approved the demotion.

On 18 Feb 14, the applicant was demoted to Airman First Class, with a date of rank of 18 Feb 14, under Special Order AA-002, dated 25 Feb 14.

On 18 May 16, the applicant’s DUI incident was removed from the Security Forces Management Information System, under Air Force Board for Correction of Military Records (AFBCMR) Docket Number BC-2015-02695.

Applicant’s EPR for the period 19 Apr 13 – 18 Apr 14 was removed, and replaced with an Air Force Form 77, Letter of Evaluation, by order of the Chief of Staff, USAF.

The applicant is currently serving on active duty with 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 D.

AIR FORCE EVALUATION:

AFPC/DP2SPP recommends denial, indicating there is no evidence of error or injustice.

On 31 Oct 13, the applicant received an LOR for driving while intoxicated (blood alcohol level of 0.11) on 19 Oct 13, resulting in his arrest by civil authorities.  The applicant’s commander initiated administrative demotion action for the applicant’s failure to fulfill Airman responsibilities, and he was demoted from Senior Airman to Airman First Class per Special Order AA-002, dated 25 Feb 14, with a new date of rank (DOR) of 18 Feb 14.

While the applicant states the demotion order was published without basis because it was loaded to ARMS after his criminal record was expunged, orders are not considered published when they are loaded to ARMS.  Orders are published when the document is put in print.  In accordance with The Enlisted Promotions Personnel Services Delivery Guide, Section E, Table 2, the MPS publishes the order and updates the demotion in MilPDS immediately after the demotion authority (not the appellate authority) approves the demotion.

The applicant completed a pre-trial diversion program and petitioned to have the case dismissed and his records expunged, which occurred on 2 Jun 15 and 16 Jun 15, respectively.  Although the applicant satisfied the state’s requirements, it does not negate the fact that he did not live up to the Air Force core values and fulfill his Airman responsibilities.

A complete copy of the AFPC/DP2SPP evaluation is at Exhibit C.

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

The applicant was arrested on 19 Oct 13 for Driving Under the Influence (DUI) in Oktibbeha County, Mississippi.  The applicant was transported to the Oktibbeha County Jail, where he provided multiple breath samples on an Intoxilyzer 8000, which resulted in a reading of 0.111.

While not clearly stated in the provided materials, it appears that the applicant participated in a pretrial intervention program, and on 2 Jun 15, the civil charges against the applicant were dismissed.  The applicant has had his civilian record expunged, his EPR referencing his DUI voided, and his arrest removed from the Security Forces Management Information System.

When contesting military personnel actions, an applicant bears a difficult burden and must overcome the strong, but rebuttable, presumption that administrators of the military, like other public officials, discharge their duties correctly, lawfully, and in good faith.  Presumption favors the validity of official military acts and, in the absence of contrary evidence, it is presumed that military personnel performed their functions properly.  This presumption can only be rebutted by cogent and clearly convincing evidence that the official’s actions were undertaken in bad faith.

Because the civilian authorities would not release jurisdiction, the applicant’s military chain of command was limited to administrative options, which in this case resulted in an LOR and demotion action, which is permissible and appropriate.

It appears the applicant argues the demotion action is invalid because there was an error uploading the order to ARMS.  However, failure to load the demotion order to ARMS does not render the decision by the demotion authority invalid.  The applicant makes no claim that the actual decision by the demotion authority was erroneous or that the underlying basis of driving under the influence did not occur.

A complete copy of the AFPC/JA evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant clarified his argument stating the underlying basis for the demotion did not occur, because the incident was expunged.  He provided, in support, information from other agencies, to include the ERAB and the AF Security Forces Center, who removed record of the incident because they believed them to be erroneous and required correction.  His comments regarding publishing the demotion order in ARMS was just meant to highlight the mismanagement that could have occurred. 

Additionally, he believes these documents should not have been made available to the OPRs, specifically the supporting documents (i.e. Sheriff’s report) because they were removed via AFBCMR Docket Number. He provides email traffic from the 144 FSS Superintendent which states, “…the (demotion) package cannot be pulled by anyone nor can it be used against you for any reason.”

A complete copy of the Applicant’s Rebuttal is at Exhibit F.

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.  We took notice of the applicant’s complete submission, to include his rebuttal comments, in judging the merits of the case.  Other than his own assertions, the applicant presented no evidence of an error on the part of the Air Force or that he was treated differently than others similarly situated.  Subsequently, 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.  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-2016-02652 in Executive Session on 12 Sep 17 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-02652 was considered:

	Exhibit A.  DD Form 149, dated 28 Jun 16, w/atchs.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2SPP, dated 15 May 17.
	Exhibit D.  Memorandum, AFPC/JA, dated 18 May 17.
	Exhibit E.  Letter, AFBCMR, dated 19 Jul 17, w/atchs.
	Exhibit F.  Letter, Applicant Rebuttal, dated 7 Aug 17.

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-2016-02652, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.