RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00940

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

1.  His Unfavorable Information File (UIF) and Control Roster (CR) be removed from his military record.

2.  His promotion eligibility be restored.

3.  His assignment eligibility be restored.

APPLICANT’S CONTENTIONS

He was not drunk and disorderly at the squadron holiday party, only having had a few alcoholic beverages before arriving at the party.  He left the holiday party early, and without incident, because he was feeling nauseous due to a bad meal consumed the night prior.  There is no evidence of any wrongdoing on his part.  He is being singled out due to a previous incident in 2018, which had no connection to the holiday party incident.  Furthermore, he is being unfairly punished and his career is being damaged.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving as a senior airman (E-4) in the Regular Air Force.

The Automated Records Management System does not contain copies of the applicant’s UIF or CR documents, nor any Enlisted Performance Reports.

The Single Uniform Retrieval Format does reflect the applicant’s UIF and CR action, as well as assignment restriction based on CR action.

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

APPLICABLE AUTHORITY

AFI 36-2907, Unfavorable Information File (UIF) Program.  Commanders, supervisors, and other persons in authority can issue administrative counseling, admonitions, and reprimands.  These actions are intended to improve, correct, and instruct subordinates who depart from standards of performance, conduct, bearing, and integrity, on or off duty, and whose actions degrade the individual and unit's mission.  This includes issuing administrative counseling, admonitions, and reprimands to reservists who commit an offense while in civilian status.

While no specific standard of proof applies to administrative action proceedings, commanders should utilize the “preponderance of the evidence” standard when evaluating the evidence and every element of the offenses committed.  A preponderance of the evidence means simply the greater weight of credible evidence.  Whether such proof is available should be considered before initiating the administrative action.  If such proof is lacking, administrative action is susceptible to being found to be legally unsupportable and, as a result, could be set aside.  There is no requirement to prove any allegation beyond a reasonable doubt. 

A reprimand is more severe than a counseling or admonition and indicates a stronger degree of official censure.  Commanders may elect to file a Letter of Reprimand (LOR) in a UIF for enlisted personnel.  

AFI 36- 2110, Total Force Assignments.  Assignment Limitation Codes are used to alert personnel managers of long term constraints on assignment or utilization of Airmen.  They broadly restrict, or limit the selection of Airmen for assignment to or from certain duties or areas and apply to a duration longer than just to the current duty assignment.  Normally, limitations applying only to a current assignment or location are managed by an Assignment Availability Code, although exceptions to use an assignment limitation code may be made.

AIR FORCE EVALUATION

AFPC/DP2SPP recommends denying the applicant’s request to restore his promotion eligibility.  On 19 Dec 19, the applicant’s commander established a UIF and CR action.  In accordance with AFI 36-2502, Enlisted Airman Promotion/Demotion Programs, Table 1.1., Determining Ineligibility for Promotion, if on or after the promotion eligibility cutoff date and the Airman is serving in the grade E-4 thought E-5, then the Airman is ineligible for promotion during a particular cycle when he or she is on the CR.  Additionally, Airmen will not receive supplemental promotion consideration for any cycle for which they were ineligible under this rule. 

The complete advisory opinion is at Exhibit C.

AFPC/DP2SSM recommends denying the applicant’s request to remove his UIF and CR.  On 19 Dec 19, the applicant received an LOR for an incident on 14 Dec 19.  Per the LOR, the applicant exhibited drunk and disorderly conduct at the squadron’s 2019 holiday party.  Upon the applicant’s arrival, he appeared intoxicated to the point of stumbling throughout the dining hall.  Shortly thereafter, the applicant was seen vomiting in the bushes outside the venue, resulting in the immediate termination of the event.   The LOR was placed in a UIF, and the applicant was placed on the CR.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice.  The commander and supervisor have the  authority to issue an LOR, and there is no requirement to prove any allegation beyond a reasonable doubt.

The complete advisory opinion is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 23 Apr 20 for comment (Exhibit E), 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 applicant believes that the UIF/CR he received is unjust; however, the Board does not find plausible evidence nor is the Board persuaded by his assertions that the administrative actions taken by his commander were inappropriate, or that the actions taken were precipitated by anything other than the applicant's own conduct.  Therefore, the Board concurs with the rationale and recommendation of AFPC/DP2SPP and AFPC/DP2SSM, and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  In view of the foregoing, 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-2020-00940 in Executive Session on 25 Jun 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 3 Mar 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SPP, dated 30 Mar 20.
Exhibit D:	Advisory opinion, AFPC/DP2SSM, dated 1 Apr 20.
Exhibit E:	Notification of advisory, SAF/MRBC to applicant, dated 23 Apr 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings regarding AFBCMR Docket Number BC-2020-00940, as required by AFI 36-2603, paragraph 4.11.9.