RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-03632

	COUNSEL: NONE	 

  	HEARING: NO

APPLICANT REQUESTS THAT:

His two letters of reprimand (LOR) dated 9 Jun 16 and 16 Nov 16, unfavorable information file (UIF) and his promotion recommendation form (PRF) entry in his officer selection record (OSR) be void and removed from his record.  

In an additional submission, he requests the Board provide a legal reference regarding his eligibility to transfer to the Reserves.  

APPLICANT CONTENDS THAT:

He received two LORs in 2016 for two separate allegations.  A board of inquiry (BOI) convened on 29 to 30 Jun 17 to determine a discharge or retention disposition found there was no basis for discharge and he was acquitted of the allegations in both LORs.   The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a captain in the Regular Air Force.  

On 9 Jun 16, he received a LOR for copying another student’s work without their permission and using the information to refine his own course work.  He also presented his project to students who were in an earlier phase of the course exposing them to material before it was introduced in the formal instruction, in violation of AETCI 36-2909, Recruiting, Education, Accessions and Training Standards of Conduct.    

AF Form 1058, Unfavorable Information File (UIF), dated 9 Jun 16 reflects the LOR was filed in a UIF and the military personnel data system (MILPDS) reflects the applicant currently has a UIF.  

On 16 Nov 16, he received a LOR for conduct unbecoming an officer and inconsistent with a professional military image.  On or about 22 Jul 16, he consumed alcohol to a level that led to his falling asleep at a local bar.  The bartender refused to serve him and requested an off-duty police officer escort him out of the building.  He was then belligerent and dismissive towards the officer.  

The applicant provides BOI transcript dated 30 Jun 17.  The findings of the BOI are as follows:  (1) He did on 24 Nov 12 get arrested for public urination and evading arrest (2) He did not compromise a progress check by copying another student’s work without their permission and use it to refine his own course work.  (3) He did present his project to students in an earlier phase of training.  (4) He did not on 22 Jul 16 engage in an argument with civilian law enforcement while intoxicated. (5) He did not make a profanities laced speech against law enforcement while intoxicated.  The BOI determined there was not a basis for discharge under AFI 36-3206, Administrative Discharge Procedures for Commissioned Officers.  

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

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends partially granting the applicant’s request.  Due to sufficient evidence from the show cause authority, the LOR dated 16 Nov 16 should be removed.  The BOI found the applicant did not on or about 22 Jul 16 engage in an argument with civilian law enforcement while intoxicated and that he did not make a profanities laced speech.  The LOR dated 9 Jun16 should remain in effect because the BOI found the applicant did present his project to students in an earlier phase of training before it had been introduced to the students in violation of AETCI 36-2909.    The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 19 Apr 18 for comment (Exhibit D).  In an undated response, he states the first LOR dated 9 Jun 16 was for improperly referencing someone else’s power point slides.  Since there was insufficient evidence, the BOI determined he did not commit this offense.   He simply wanted to do well and does not feel what he did was dishonest, unfair or hurt anyone.  

Out of clemency, and his desire to later transition to the Air Force Reserve, he requests removal of the LOR, or having the LOR reduced to a letter of admonition (LOA) or letter of counseling (LOC).  He also requests the Board remove the UIF.  He was completely exonerated of the second LOR dated 16 Nov 16; however, when it was issued, it was placed in his officer selection record, which may prevent future promotion.  He requests a statement from the Board, which gives him 100 percent assurance that the derogatory information has been set aside or reduced and will not be used against him at any selection board in the future.  

He requests the Board provide a legal reference, interpretation or decision.  He is being told he may need a waiver to be scrolled for a Reserve commission if, and when he decides to cross over into the Reserve component.  However, he does not believe he needs a waiver.  He has been advised that if he had an UIF in the last 10 years, whether or not it is active, that he will need a waiver.  He provides specific questions for research.  The complete submission is at Exhibit E.  

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 reviewing all Exhibits, the Board concludes the applicant has presented evidence sufficient to demonstrate an error or injustice regarding part, but not all, of his requests.  Based on the findings of the BOI on 30 Jun 17, we find there is sufficient evidence to warrant removal of the LOR dated 16 Nov 16.   However, we find no evidence of an error or injustice to remove the applicant’s LOR dated 9 Jun 16 or the UIF.  The applicant also requests the LORs and PRF entry be removed from his OSR; however, there are no LORs or PRF in his record to correct or remove.  The applicant in his rebuttal response also requests the Board provide a legal reference and conduct research regarding his eligibility to transfer to the Reserve component at a later date.  This Board, which serves on behalf of the Secretary of the Air Force, to correct military records is not an investigative body and is without authority to provide legal opinions.  We recommend the applicant contact a Reserve component recruiter regarding his eligibility for transfer.  In view of the above, we agree with the recommendation of AFPC/DP2SSM and adopt the rationale expressed as our conclusion the applicant has not sustained his burden of proof to warrant granting all of the requested relief. Therefore, the Board recommends correcting the applicant’s records to the extent as indicated below.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that his letter of reprimand (LOR) dated 16 Nov 16, be void and removed from his records.   

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-2017-03632 in Executive Session on 29 May 18:

, Panel Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following in Docket Number BC-2017-03632:

Exhibit A:	Application, DD Form 149, w/atchs, dated 1 Aug 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSM, dated 21 Nov 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 19 Apr 18.  
Exhibit E.  Applicant’s response, undated.  
 
Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.