RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02315 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. Any and all documents relating to the Letter of Reprimand (LOR), dated 18 Jun 10, be removed from his records. 2. He be considered for promotion to the grade of lieutenant colonel by a Special Selection Board (SSB) for the Calendar Year 2011A (CY11A) (P0511A) Lieutenant Colonel Central Selection Board (CSB). _________________________________________________________________ APPLICANT CONTENDS THAT: Although his commander determined the LOR should be permanently removed from his records, it still remains. 1. In support of his appeal, his commander provides a letter, indicating that he reviewed the LOR, took into consideration the advice of his supervisors and staff, and decided it should be permanently removed from the applicant’s records. 2. The LOR stated that he “admitted to being deceptive, deceitful, and making false judgments with regard to the Leave in question. You stated that time ‘just slipped away’….” However, he never admitted to that. He admitted he was wrong in assuming his leave went through, but he did not do it with intent. 3. He did not respond to the LOR because his supervisor threatened to kick him out of the military. He was also told that no matter what he did, even if he submitted comments, the supervisor was not going to change a thing. He was scared and in shock, so feeling under pressure, he signed the LOR. 4. He volunteered twice to deploy and did great work that he was recognized for. He feels that this one incident will overshadow his career; however, he continues to give his full effort when performing his duties. 5. He would like to have a chance at getting promoted to lieutenant colonel, but having this in his record nullifies those chances and scars his career. He made a mistake, but is a much better officer/person now. His complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the Regular Air Force in the grade of major (0-4). The applicant received a LOR for giving false statements with the intent to deceive and for what his commander considered “Failure to Go” by not submitting a valid leave slip for days that he did not report to his place of duty. The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force, which are at Exhibit B, C, D, and E. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/PB recommends denying the applicant’s request to be considered by an SSB. In this case, the applicant met and was not selected for active duty promotion to the grade of lieutenant colonel by the CY09, CY10, CY11, and CY12 CSBs. The applicant’s LOR was filed in his Officer Selection Record (OSR) on 7 Jul 10 and removed on 30 Jan 12. Thus, the documentation was only present for the CY11 board which convened on 7 Mar 11, which is why they believe the applicant is requesting SSB consideration for this board. Further, the commander made no mention of a retroactive effective date for the removal action nor does he comment on the appropriateness of SSB consideration. The complete PB evaluation, with attachment, is at Exhibit B. AFPC/DPSIM recommends denying the applicant’s request to permanently remove the LOR from his records since it was removed by his commander and is not in the Military Personnel Data System. The complete DPSIM, with attachments, evaluation is at Exhibit C. AFPC/DPSIRP recommends denying the applicant’s request to have his LOR permanently removed from his records. According to the governing instructions, “… file the LOR and decision memorandum in the OSR and forward a copy to HQ AFPC/DPSOM for file in the MPerRGp. The LOR may not be removed from the MPerRGp”. In addition, paragraph 9.3.1.5.5 of the instructions states, “Early removal of the LOR has no bearing on the permanent filing of the LOR in the member’s MPR. HQ AFPC/PBR1 …. LORs filed in the OSR are permanently retained in the MPR.” The complete DPSIRP evaluation is at Exhibit D. APFC/DPSOO recommends denying the applicant’s request for SSB consideration. Their evaluation requires them to rely on the opinions of other Air Force experts. As such, based on the AFPC/PB’s confirmation that the LOR and corresponding paperwork were not removed from the applicant’s OSR until the effective date of 30 Jan 12, after the convening of the P0511A CSB, they recommend denying SSB consideration. The complete DPSOO evaluation is at Exhibit E. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 9 Nov 12 for review and comment within 30 days. As of this date, this office has received no response. _________________________________________________________________ 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 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 and adopt their rationale as the basis for our conclusion that 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 relief sought in this application. _________________________________________________________________ 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. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-02315 in Executive Session on 26 Mar 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 14 May 12, w/atchs. Exhibit B. Letter, AFPC/PB, dated 20 Aug 12. Exhibit C. Letter, AFPC/DPSIM, dated 28 Aug 12, w/atchs. Exhibit D. Letter, AFPC/DPSIRP, dated 13 Sep 12. Exhibit E. Letter, AFPC/DPSOO, dated 19 Oct 12. Exhibit F. Letter, SAF/MRBR, dated 9 Nov 12.