RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-03128

XXXX X. XXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His Letter of Admonishment (LOA) dated 27 March 2014 be removed from all of his records and not be considered on any promotion boards.

APPLICANT’S CONTENTIONS

The LOA should no longer be in his record.  According to AFI 36-2907, Adverse Administrative Actions, paragraph 2.4.6.4, an LOA no longer contained in a Personal Information File (PIF) or Unfavorable Information File (UIF) may be removed after the disposition date.  The LOA is no longer contained in any PIF and a UIF was never established.  If a UIF was established, the disposition date would have been 27 March 2016.  If this LOA does not get removed from his record, it could prevent him from being promoted.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air Force Reserve captain (O-3).

On 27 March 2014, an LOA, indicates that his commander admonished the applicant for events that occurred on 17 January 2012 and 31 January 2014, where the applicant had knowledge of Intercontinental Ballistic Missile (ICBM) crew knowledge test answers being shared between other Air Force officers and failed to report the test compromise, in violation of two Uniform Code of Military Justice (UCMJ) Articles: 92, Failure to Obey an Order, and 133, Conduct Unbecoming.  On that same day, the applicant acknowledged receipt of the LOA.

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

APPLICABLE AUTHORITY/GUIDANCE

On 26 February 2021, the Secretary of the Air Force ordered a policy change via a Department of the Air Force Policy Memorandum (DAFPM) 2021-36-03 on Adverse Information for Total Force Officer Selection Boards to comply with Section 502 of the National Defense Authorization Act (NDAA) for Fiscal Year 2020, signed on 20 December 2019, as codified in title 10 United States Code, section 615(a)(3). 

The new law, DoD policy, and subsequent Air Force policy require all adverse information to be filed in the officer’s master personnel records group and Officer’s Selection Record for consideration by both Regular and Reserve promotion selection, special selection, Federal Recognition, and Selective Continuation Boards to the grade of O-4 and above, to include promotion processes to the grade of O-3 that involve adverse information that received significant media attention or is of interest to the Senate Armed Services Committee.   These changes came into effect for all promotion boards convening on or after 1 March 2020 and include historic adverse information previously issued on or after 1 January 2012 and Article 15s and approved court martial findings dated prior to 1 January 2012.   It further removed the authority for Wing commanders, delta commanders, or issuing authorities to direct removal of derogatory data from the OSR as previously permissible in AFI 36-2907, Adverse Administrative Actions, paragraph 3.4.3.1, and AFI 36-2608, Military Personnel Records, paragraphs 7.10 through 7.12 (and their subparagraphs), 8.3.8, and 8.3.15 (and its subparagraphs).  Adverse information that requires mandatory filing in the Officer Selection Record (OSR) and the Master Personnel Records Group (MPerRGp) includes, but is not limited to:  

1. Any substantiated adverse findings or conclusions from an officially documented investigation or inquiry, regardless of whether command action was taken as a result.
2. Approved court-martial findings of guilt (Court-martial Orders).
3. Nonjudicial punishment (NJP) pursuant to Article 15, UCMJ.
4. Letters of Reprimand.
5. LOA.
6. Notices of Relief of Command (for cause).
7. Letters of Counseling (LOC) related to a substantiated adverse finding or conclusion from an officially documented investigation or inquiry. 

LOCs unrelated to a substantiated finding or conclusion from an officially documented investigation or inquiry will not be considered adverse information. This preserves commanders’ ability to administratively document and rehabilitate minor instances of substandard behavior or misconduct without making it a part of the permanent record (also referred to as “standalone” LOCs).

Moreover, the DAFPM states that “waivers to this policy are not permitted” and all adverse information as defined by the policy will be permanently placed in the MPerRGp.  Except for the set-aside of a court-martial or NJP, removal of adverse information from the MPerRGp may only be directed pursuant to an Air Force Board for Correction of Military Records (AFBCMR) recommendation.  
Given the aforementioned, the AFBCMR is now the sole removal authority for adverse actions.  This is not a different type of review for the AFBCMR.  Rather, it falls under the Board’s existing review authority for corrections resulting from error or injustice

AIR FORCE EVALUATION

AFPC/DP2SSM recommends denying the application.  The LOA is filed in his official military record.  Based on the documentation provided by the applicant and analysis of the facts, there is not evidence of an error or injustice.  IAW AFI 36-2907, table 3.2, Rule 4 an LOA will be filled in the UIF for 2 years.  Although there is a restriction on how long documents will be filed in the UIF there is no restriction on the personnel information file (PIF).

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 23 November 2021 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/DP2SSM and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Additionally, DAFPM 2021-36-03 directs historic adverse information that was issued prior to the date of the implementation of the policy to be filed in the Master Personnel Records Group (MPerRG).  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-2021-03128 in Executive Session on 6 April 2022:

, Chair, AFBCMR
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, dated 23 September 2021.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP2SSM, dated 22 November 2021.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 23 November 2021.

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.