RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-00802

	COUNSEL 

  	HEARING: YES

APPLICANT REQUESTS THAT:

His Letter of Reprimand (LOR) dated 20 Jul 16 for failure to shave and needing a haircut be removed from his record.

APPLICANT CONTENDS THAT:

He was on a shaving waiver for a year and a half due to rosacea.  Others in his squadron received an amendment to their shaving waiver to shave only twice a week; however, he was singled out and his waiver was revoked.  This was in reprisal for being in the alcohol drug and prevention treatment (ADAPT) program.  His shaving waiver was approved one week after being issued the LOR, which was also in reprisal.   The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force first lieutenant.  

On 20 Jul 16, the applicant received a LOR for his unshaven appearance.  The LOR states the applicant knew his shaving waiver was revoked and he had been warned numerous times about his dress and appearance.

AF IMT 1058, Unfavorable Information File Action, dated 20 Jul 16, indicates the LOR was filed in his existing UIF.  

On 28 Mar 17, the applicant was notified by the United States Air Force Warfare Center Commander (USAFWC/CC) of show cause action and recommendation for discharge for serious and recurring misconduct.  Reasons include drunk and disorderly conduct for which he received a letter of admonishment (LOA) on 22 Jul 15, driving under the influence (DUI) for which he received a LOR and UIF on 2 Feb 16, failure to shave his facial hair for which he received a LOR on 20 Jul 16 and initiation of promotion propriety action on 14 Jul 16 to delay his promotion until 16 Mar 17, which was approved by the Secretary of the Air Force on 29 Nov 16.   The recommendation for discharge was found legally sufficient.  

On 12 Apr 17, the applicant acknowledged the notification of show cause action and recommendation for discharge.  

On 15 Aug 17, the applicant was notified he was not selected for promotion to the grade of captain by the CY17A Captain Promotion Process.  He was advised that since this was his second nonselection, he would be involuntarily separated on 31 Jan 18 per 10 U.S.C. § 631.  

On 29 Sep 17, the applicant was discharged with a general, under honorable conditions, discharge and narrative reason for separation of “unacceptable conduct.”  

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory opinions at Exhibits C and D.

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends denial.  There is insufficient evidence that the LOR was issued unjustly.  The commander has the authority to issue LORs in accordance with AFI 36-2907, Unfavorable Information File (UIF) Program, paragraph 4.1.  Additionally, the commander revoked the applicant’s shaving waiver; therefore, he should have maintained proper dress and appearance standards per AFI 36-2903, Dress and Personal Appearance, paragraph 3.1.2.  The complete advisory is at Exhibit C.  

The BCMR IMA Medical Advisor states there was no error or injustice in the commander’s decision to issue an LOR for violation of dress and appearance regulations.  The applicant acknowledges a waiver was not authorized during the time of the violation.  Although the shaving waiver was reinstated in Aug 16, the period prior to reinstatement clearly requires compliance.  Furthermore, there were no obvious signs of folliculitis, a principle finding of “razor bumps” or folliculitis during the May 16 clinic visit.  The LOR also mentions the applicant had repeated violations of the dress and appearance policies.  There is also no evidence to support his claim of prejudice relating to his participation in the ADAPT program. The complete advisory is at Exhibit D.  

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent copies of the Air Force evaluations to the applicant on 9 May 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 that the applicant is not the victim of an error or injustice.  The applicant asserts his shaving waiver was revoked and his LOR was issued in reprisal; however, other than his own uncorroborated assertions, we find no evidence this to be the case.  The Board concurs with the rationale and recommendation of AFPC/DP2SSM and the BCMR IMA Medical Consultant and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

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 the Board’s understanding of the issues involved.

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.

The application was adjudicated without a personal appearance.

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-2017-00802 in Executive Session on 19 Jun 18:

All members voted not to correct the record.  The panel considered the following in Docket Number BC-2017-00802:

Exhibit A:	Application, DD Form 149, w/atchs, dated 3 Mar 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSM, dated 1 Nov 17.
Exhibit D.  Advisory opinion, BCMR Medical Advisory, dated 27 Mar 18.  
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 9 May 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.