RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-00340

	COUNSEL:  
	
	HEARING:  NO

APPLICANT REQUESTS THAT:

The Letter of Reprimand (LOR), dated 20 Sep 15, be removed from his Officer Selection Record (OSR) and his AF Form 707, Officer Performance Report (OPR), for the period 20 Mar 15 through 19 Mar 16, be removed from his military records.

APPLICANT CONTENDS THAT:

The LOR was based on the findings of a flawed Command Directed Investigation (CDI).  The investigating officer improperly considered statements taken in violation of Article 31b, Uniform Code of Military Justice (UCMJ).  Additionally, in the legal sufficiency review, the reviewing Judge Advocate General (JAG) applied the wrong legal standard to his analysis.  The OPR was referred due to the issuance of the LOR; therefore, it should also be removed.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a currently serving Air Force Captain.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C and D.

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends denying the application.  After review of the applicant’s Automated Records Management Systems record, no LOR has been filed within his OSR; therefore, no action is required to remove the document.  The complete advisory is at Exhibit C.

AFPC/DP2SPE recommends denying the application.  The applicant has not provided compelling evidence to show the report is unjust or inaccurate, as written.  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 9 Jul 18 for comment (Exhibit E), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion the applicant is not the victim of an error or injustice.  The Board concurs with the rationales and recommendations of AFPC/DP2SSM and AFPC/DP2SPE and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-00340 in Executive Session on 11 Sep 18:

, Panel Chair
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 17 Feb 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSM, dated 6 Nov 17.
Exhibit D:	Advisory opinion, AFPC/DP2SPE, dated 18 Jan 18.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 9 Jul 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9, regarding Docket Number BC-2017-00340.