RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02202

		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

A Letter of Reprimand (LOR), with an Unfavorable Information File (UIF), dated 27 March 2001, be removed from his records.
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APPLICANT CONTENDS THAT:

The LOR and UIF were inappropriately issued by the region commander for the alleged actions.  His situation was reviewed by the Air Force Office of Special Investigation commander (AFOSI/CC) on 15 June 2001 and the commander determined there was no evidence of wrongdoing and closed the matter.  He would like to join an active Reserve unit and contribute his skills/training.

In support of his request, applicant submits a personal statement, copies of his DD Form 214, the cited AFOSI/CC letter and an Affidavit, dated 28 February 2001.  The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is 2 December 1994.  He was progressively promoted to the grade of captain, effective and with a date of rank of 23 August 1998.

Applicant’s Military Personnel Records (MPR) did not contain the LOR/UIF in question.

The following is a resume of applicant’s OPR ratings subsequent to his promotion to the grade of captain.

		Period Ending	Evaluation

		   5 Jun 99	Meets Standards
		  17 Sep 99	Education/Training Report
		   5 Jun 00	Meets Standards
		   6 Oct 00	Education/Training Report
		   5 Jun 01 (Referral)	Does Not Meet Standards

On 22 June 2002, the applicant was honorably released from active duty under the provisions of AFI 36-3207 (completion of required active service) and transferred to the Air Force Reserve.  He had completed a total of 7 years, 6 months and 20 days and was serving in the grade of captain at the time of his separation.

Effective 8 January 2004, the applicant was assigned to the Nonobligated Nonparticipating Ready Personnel Section (NNRPS); and, on 23 June 2004, he was reassigned to the Inactive Status List Reserve Section (ISLRS). 
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AIR FORCE EVALUATION:

HQ AFPC/DPF recommends the application be denied.  DPF states the incident was investigated by a higher commander and found to be sufficient.  In addition, the LOR and UIF do not physically exist in the applicant’s record.  The UIF containing the LOR was destroyed upon the applicant’s separation and the documents are not in his Master Personnel Record Group (MPerRG).  DPF indicates the AFOSI/CC reviewed the report of investigation involving the applicant’s misuse of his position as a special agent and noted the region commander administered an LOR and UIF.  The commander warned the applicant that another incident of this or similar nature would result in more severe disciplinary action and the matter was closed.  The HQ AFPC/DPF evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 10 September 2004 for review and response.  As of this date, no response has been received by this office (Exhibit D).
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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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  The applicant’s complete submission was thoroughly reviewed and his contentions were duly noted.  However, we do not find the applicant’s assertions sufficiently persuasive to override the rationale provided by the appropriate Air Force office (HQ AFPC/DPF).  Therefore, in the absence of sufficient evidence that the overall information used as a basis for the LOR was erroneous or that there was an abuse of discretionary authority, we agree with the recommendation of HQ AFPC/DPF and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice when issued the LOR and UIF.  Accordingly, we find no compelling basis to recommend removing any reference to the LOR and UIF from his records.  We note that the LOR and UIF are no longer a part of the applicant’s record; therefore, removal of the LOR and UIF is a moot issue.

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 issue(s) involved.  Therefore, the request for a hearing is not favorably considered.
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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.
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The following members of the Board considered this application in Executive Session on 1 March 2005, under the provisions of AFI 36-2603:

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2004-02202.

   Exhibit A.  DD Form 149, dated 9 Jul 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPF, dated 1 Sep 04.
   Exhibit D.  Letter, SAF/MRBR, dated 10 Sep 04.