RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00836

XXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

1.  His record show that his Letter of Reprimand (LOR) was removed from his Officer Selection Record (OSR) prior to meeting his promotion board for Major (O-4) in Calendar Year (CY) 2017, 2018 and 2019. 

2.  He receive promotion consideration by a Special Selection Board (SSB) for CY2107B, CY2018A, and CY2019C Major (O-4) Biomedical Service Corp (BSC) promotion boards.  [Partial Administrative Correction-SSB consideration for the CY2019C promotion board—no Board vote required.]  

3.  If selected by an SSB, he receive a date of rank (DOR) adjusted to reflect that of his year group. 

APPLICANT’S CONTENTIONS

His LOR should have been removed from his record prior to any of his promotion boards for Major (O-4).  In addition, the LOR was not visible to himself, his squadron commander or his wing commander when reviewing his records prior to submitting his Promotion Recommendation Form (PRF).  

In support of his appeal, the applicant provides a signed letter from his prior squadron commander (Jun 2016 to Jun 2018) who corroborates the applicant’s contentions that his military human resource record (MHRR) did not show his LOR.  The former commander goes onto state that had the LOR been visible in his record; he would have supported the applicant’s request to the wing commander to remove it from his record prior to the CY17B Major BSC selection board.  

In addition, the applicant provides a draft of a letter from his prior wing commander (Jun 2016 to Aug 2018) and from his current squadron commander (Sept 18 to present); however, both letters are unsigned.    

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air Force captain (O-3).  

On 16 May 14, the applicant’s squadron commander issued the applicant an LOR for failing his second fitness assessment (FA) on 30 Apr 14.    

On 22 May 14, the applicant’s squadron commander established an Unfavorable Information File (UIF) and filed the LOR in the UIF.  

On 3 Jun 14, the applicant’s squadron commander notified the applicant of his recommendation to file the LOR in his Officer Selection Record (OSR). On 6 Jun 14 the applicant responded to the notification and on that same date, the applicant’s squadron commander maintained his recommendation. 

On 11 Jun 14, the applicant’s wing commander decided to file the LOR in his OSR.  

On 29 Apr 19, the applicant submitted a request to remove the LOR from his OSR.  

On 16 May 19, the wing judge advocate (JA) conducted a legal review of the request and noted that the applicant had met two promotion boards with the LOR in his OSR.  As such, the wing JA found the request legally sufficient since it met the requirements of the Air Force Instruction (AFI).

On 16 May 19, the applicant’s wing commander requested removal of the LOR from the applicant’s OSR.    

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

APPLICABLE AUTHORITY

AFI 36-2608, Unfavorable Information File, Chapter 8, Filing Other Items in Selection Record:

Paragraph 8.3.8. LOR retention period. LORs filed in the OSR remain until the officer is afforded one IPZ or APZ consideration unless a request is submitted and approved under the early removal as an exception to policy (see paragraph 8.3.15). The officer may appeal to his or her senior rater for removal after one IPZ or APZ consideration.  Airmen cannot request early removal; only the wing commander or issuing authority, in grade of 0-7 or higher, may request early removal as an exception to policy (paragraph 8.3.15).  

Paragraph 8.3.15. Early removal procedures. The wing commander or issuing authority, in the grade of 0-7 or higher, may direct early removal of the LOR from the OSR. Early removal constitutes removal of the LOR from the OSR prior to an IPZ or APZ consideration. This should be considered in rare instances, as an exception to policy, e.g., evidence is obtained demonstrating the officer did not engage in the misconduct.

AIR FORCE EVALUATION

AFPC/DP2SP, provided administrative relief for the CY19C Major (BSC) (3 Jun 19) (P0419C) APZ Central Selection Boards (CSBs) by providing the applicant SSB consideration; however, they recommend denying the applicant’s request for supplemental consideration during the CY17B and CY18A Major (BSC) (27 Mar 17) promotion boards. 

According to the applicant’s record, the request to remove the 16 May 14 LOR was not initiated by his chain of command until 1 May 19.  On 16 May 19 the request was approved and forwarded to AFPC and on 20 Sept 19 the LOR was removed from the applicant’s OSR.  As such, there is no administrative relief necessary for the CY17B or CY18A boards because at that time the determination of the applicant’s Senior Raters (SR) was to retain the LOR in the OSR.  Without setting aside the decision of the applicant’s SR to include the LOR in the OSR for CY17B and CY18A CSBs, the applicant should not be considered for promotion to the grade of Major (O-4) by a Special Select Board (SSB) for the CY17B or CY18A boards.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 7 May 20 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

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

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2SP and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, other than the administrative relief already provided the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2020-00836 in Executive Session on 11 Aug 20:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 27 Feb 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SP, w/atch, dated 4 May 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 7 May 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.