RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-02982

						COUNSEL:  NONE

HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

The Letter of Reprimand (LOR), dated 29 Mar 15, be rescinded and he receive a retroactive promotion to the grade of Senior Master Sergeant (SMSgt) effective September 2014.

APPLICANT CONTENDS THAT:

He was approved for promotion to the grade of SMSgt, however, after being issued an LOR based on rumors and hearsay, his promotion to the grade of SMSgt was denied.

The LOR was administered to justify and cover up the rash decision made by his superiors.

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

STATEMENT OF FACTS:

The applicant is currently serving in the Air Force Reserve in grade of E7, master sergeant.

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

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends denial of the applicant’s request to remove the contested LOR, indicating there is no evidence of an error or an injustice.

The applicant was projected for promotion to the grade of SMSgt in Sep 14.  However, he later found out that he was non-recommended for promotion and was not provided any feedback.  A Command Directed Investigation (CDI) was initiated which resulted in charges being brought against the applicant on or about Nov 14.  During the CDI, decisions were made that effected the applicant’s promotion and a LOR was administered from the findings.  The LOR was given on the basis of Unprofessional Conduct.  The investigation disclosed the applicant had engaged in a pattern of making unprofessional and inappropriate statements.

According to AFI 36-2907, Unfavorable Information File (UIF) Program, commanders, supervisors and other persons in authority can issue administrative counseling, admonitions, and reprimands.  These actions are intended to improve, correct, and instruct subordinates who depart from standards of performance, conduct, bearing, and integrity, on or off duty, and whose actions degrade the individual and unit's mission. This includes issuing administrative counseling, admonitions, and reprimands to reservists who commit an offense while in civilian status.

A reprimand is more severe than a counseling or admonition and indicates a stronger degree of official censure.  Commanders may elect to file a LOR in an UIF for enlisted personnel. 

The applicant provided documentation from the CDI of sworn statements of individuals that witnessed the applicant bullying and discriminating other coworkers. Applicant failed to provide documentation as to why these statements would be falsified as these members were under oath.  Concluding the CDI, the commander had sufficient evidence IAW AFI 36-2907 paragraph 4.1.3 and proceeded with administering an LOR to the applicant in which the commander had the authority to do so. 

A complete copy of the AFPC/DP2SSM evaluation is at Exhibit C.

AFRC/A1K recommends denial of the applicant’s request to remove the LOR and or to retroactively promote him to the grade of SMSgt effective September 2014, indicating there is no evidence of an error or an injustice. 

On 24 Mar 14, Manpower Change Request (MCR) was approved for Air Reserve Technician (ART) positon, 001031651L to be changed from the grade of MSgt to SMSgt.  Additionally, an AF IMT 2096 [sic], Classification/On-the-Job Training Action was coordinated and approved by the commander on 7 Jul 14 to move the applicant into SMSgt position, 001031651L. The Reserve Airman Promotion Eligibility Roster, dated 31 Jul 14 contained the applicant’s name due to his eligibility for promotion to the grade of SMSgt in the month of Sep.  He was non-recommended for promotion on the roster due to the reports of abuse of authority, discrimination and other misconduct against the applicant.  The applicant’s commander requested a CDI be conducted.  The report was finalized on 17 Nov 14.  On 29 Mar 15, an LOR was issued to the applicant for unprofessional conduct after the investigation concluded he engaged in a pattern of making unprofessional and inappropriate statements.  The applicant acknowledged receipt of the LOR on 29 Mar 15 and understanding that he had 30 calendar days from the date he received the letter to provide a response.  The applicant did not provide a response nor did he sign the LOR stating he was submitting a response or waiving his right to respond after the 30 days had passed.  On 10 Jul 15, a new commander issued an LOR Response to the applicant stating the LOR will stand for a period of one year.  The response was due to a change of command in the squadron.  On 9 Oct 15, a letter was given to the applicant stating there was no appeal process for an LOR.  On 4 Dec 15, the applicant contacted his Congressional Representative for assistance.  On 7 Apr 16, the Secretary of the Air Force, Office of Legislative Liaison (SAF/LL) responded to the Congressional request.  The Congressional representative office responded again to SAF/LL asking for further review of the applicant’s 25 Apr 16 response.  SAF/LL responded on 22 Jun 16 noting that they didn’t have any more additional information to provide and that the applicant had the option of submitting an appeal to the AFBCMR.

The authority of the unit commander to issue an LOR and subsequently not promote a member is under their Command authority IAW AFI 36-2907 Unfavorable Information File (UIF) Program and AFI 36-2502, Airman Promotion Program, 

A complete copy of the AFRC/A1K evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 18 Dec 17, for review and comment within 30 days (Exhibit E).  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.  We took notice of the applicant’s complete submission in judging the merits of the case and agree with the opinions and recommendations of the Air Force OPRs and adopt the rationale expressed as the basis for our conclusion the applicant has failed to sustain his burden of proof that he has 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.

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-2016-02982 in Executive Session on 14 Feb 18 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-02982 was considered:

	Exhibit A.  DD Form 149, dated 14 Jul 16, w/atchs.
	Exhibit B.  Excerpts from Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2SSM, dated 11 Oct 16.
	Exhibit D.  Memorandum, AFRC/A1K, dated 12 Dec 17, w/atchs.
	Exhibit E.  Letter, AFBCMR, dated 18 Dec 17.

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