RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-02367

XXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

1. He receive all pay and points to include per-diem and basic allowance for housing (BAH) from 15 Oct 07 to 3 Feb 12.

2. His promotion to technical sergeant (E-6) be backdated to 1 Jul 08 and his record reflect that he was promoted to master sergeant (E-7) on 1 Jul 10 and senior master sergeant (E-8) on 1 Mar 15.  

3. He receive an active duty retirement at the rank of senior master sergeant. 

APPLICANT’S CONTENTIONS

While he was deployed to Manus Air Base, Kyrgyzstan from 10 May 07 to 30 Sep 07, he was the victim of unwarranted harassment, a hostile work environment, slander, defamation of character and attempted murder/manslaughter [sic].  His deployed supervisor had illegally threatened to use his Civilian Employer Information (CEI) file to contact his civilian employer and tell them that he was doing a horrible job.  This stressful event caused him to nearly be medically evacuated due to high blood pressure.  Furthermore, when he returned from his deployment, he discovered that his supervisor had in fact contacted his civilian employer and told them that they should reevaluate his future with the company.  He has never been able to fully recover from this illegal activity and he needs this correction to make him whole [sic].  

In support of his appeal, the applicant provides a summary of the events; a copy of an IG complaint form, dated 10 May 20, against his 2007 deployed supervisor; a letter of evaluation from his 2007 deployment; multiple memoranda for record (MFR); copies of disciplinary corrective actions from his civilian employer; and multiple other documents he believes indicate that he was a victim of harassment.  Of those documents, there is a letter from his civilian employer, dated 2 Nov 07 indicating that the employer received a call from his military supervisor in Jun 07 with questions regarding the applicant’s position duties and responsibilities within the company.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air Force Reserve technical sergeant.

From 10 May 07 to 13 Oct 07, DD Form 214, Certificate of Release or Discharge from Active Duty, shows the applicant was deployed in support of Operations ENDURING FREEDOM and IRAQI FREEDOM.  

On 1 Feb 12, the applicant was promoted to the rank of technical sergeant.

On 10 Mar 20, AF Form 102, Inspector General Complaint Form, provided by the applicant, indicates he submitted a complaint against his 2007 deployed supervisor for calling his stateside employer and getting him fired from his job.  

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

AIR FORCE EVALUATION

AFPC/DP2SSP recommends denying the application. While the applicant has no derogatory information and performance evaluations with negative ratings, he has failed to present sufficient evidence that the alleged events took place during his 2007 deployment.  

The complete advisory opinion is at Exhibit C.

AFRC/A1K recommends denying the applicant’s request for retroactive promotions to E-6 , E-7, or  E-8.  Per AFI 36-2502, Enlisted Airman Promotion/Demotion Program, the unit commander is the approval authority for enlisted promotions and promotion effective dates are established by policy once all eligibility criteria have been verified and the selection has been confirmed.  

In reference to his request for an active duty retirement, the applicant’s records show that he has not earned the points needed for an active duty retirement.  

As for the BAH request, a review of his finance records by HQ AFRC Financial Management resulted in the following comments:  "To qualify for pay/points a member must be in a duty status, to qualify for per diem member must be in a travel status. During the period 15 Oct 07 - 2 Feb 12 this member completed 13 sets of orders; 7 AT, 4 ADOS and 2 School for which the member has been paid pay and allowances. Member has 11 travel vouchers paid out during this time frame.”  

The complete advisory opinion is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent copies of the advisory opinions to the applicant on 18 Mar 21 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/DP2SSP and AFRC/A1K and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Furthermore, the AF Form 102, Inspector General Complaint Form, provided by the applicant is dated 10 Mar 20, approximately 13 years after the alleged events took place and the applicant has provided insufficient evidence to show that he was a victim of harassment, that his high blood pressure was a result of his treatment, or that his 2007 military supervisor had influenced his civilian employer to “re-evaluate the future of his career.” In addition, the Board notes that the applicant has received his authorized promotions in accordance with AFI 36-2502, does not meet the qualifications for active duty retirement, and has provided little to no rationale for why he should be provided basic allowance of housing and per-diem from 15 Oct 07 to 3 Feb 12.  Therefore, 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-2020-02367 in Executive Session on 27 May 21:

, 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 16 Sep 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSP, dated 20 Oct 20.
Exhibit D: Advisory opinion, AFRC/A1K, w/atchs, dated 19 Jan 21.
Exhibit E:	Notification of advisories, SAF/MRBC to applicant, dated 18 Mar 21.

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.