RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-02114
INDEX CODE: 135
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His records be corrected to reflect that from April 1989 through
April 1993, a security clearance has never been denied, suspended or
revoked, for access to a restricted or secured area.
2. His records be purged of any unfavorable action taken against him
by an individual, organization, or secured area and that he has no
record of having resigned from an organization which believed he
committed deception.
3. He be returned to an active participating status in the Air Force
Reserve until such time that he is ready to retire or when he reaches
his mandatory retirement date.
4. He receive retirement points to complete satisfactory
retention/retirement years for 1997 and 1998.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was wrongfully accused of deceptive actions regarding his security
clearance status and subjected to several unwarranted and unfavorable
actions, including his resignation, under duress, from an organization
and the revocation of his security clearance. The 18 August 1994
revocation was invalidated in 1997 and expunged. The security
clearance was not reinstated because he was involuntarily placed into
an inactive Reserve status. Applicant alleges that records of the
wrongful actions supporting the 1994 revocation, and reiterations of
the records, still exist.
In support of his appeal, applicant submits a copy of the Summary
Report of Inquiry (SROI), dated 6 February 1998 and additional
documentation.
Applicant’s submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from the
applicant's military records, are contained in the letter prepared by
the appropriate Air Force office of primary responsibility (OPR).
Accordingly, there is no need to recite these facts in this Record of
Proceedings.
In addition to the statement of facts, a copy of the Secretary of the
Air Force Personnel Council (SAFPC) action, concerning an
Administrative Discharge Board with regard to the applicant, dated 29
July 1999, is attached at TAB 1.
_________________________________________________________________
AIR FORCE EVALUATION:
The Staff Judge Advocate, HQ ARPC/JA, reviewed the application and
concludes that in their opinion, the application fails to meet the
burden of proof that an error or injustice has occurred and the
applicant has failed to produce any evidence at all that would require
the AFBCMR to direct favorable consideration to the his requests.
They recommend denial.
A complete copy of the Air Force evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT’S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
28 December 1998 for review and response within 30 days. The
applicant submitted a seven page response and concludes that he
believes the AFBCMR will recognize the preponderance of evidence,
which reveals the wrongful actions and injustices and his Air Force
Reserve career have suffered, as justifiable reason to grant his
request for corrections.
Applicant’s response is attached at Exhibit E.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice. After thoroughly reviewing
the evidence of record, to include the findings of the Air Force
Personnel Board, we are persuaded that applicant’s security clearance
should be reinstated; that all documentation regarding any and all
unfavorable actions taken against him regarding the revocation of his
security clearance be removed from his records; he be returned to
active participating status, and he receive sufficient retirement
points to reflect satisfactory years of Federal service to the date of
this Board. In coming to our decision, we relied heavily on the
findings and recommendations of the Personnel Board to terminate
administrative discharge proceedings against applicant and the
6 February 1998 Summary Report of Investigation. In our opinion, this
entire case has been mishandled from the beginning. Additionally, we
note that despite all the unusual circumstances surrounding this case,
applicant was promoted to the grade of lieutenant colonel in 1994 and
eventually regained his security clearance. In view of the totality
of the circumstances of this case, we believe all doubt should be
resolved in favor of the applicant and recommend that his record be
corrected to the extent indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that:
a. Between April 1989 and April 1993, his security clearance was
not denied, suspended, or revoked.
b. Any and all documentatin placed in his Special Security Folder
(SSF), maintained by the 497th Intelligence Group, since 1 April 1989,
with the exception of the Special Background Investigation completed
by the Defense Investigative Service on 12 December 1983, be declared
void, removed from his records, sequestered, and forwarded to
SAF/MIBR, 550 C Street West, Randolph AFB, TX 78150-6001, for
disposition in accordance with established policy.
c. Any and all files created by the Air Reserve Personnel Center
relating to documentation from his SSF be declared void, removed from
his records, sequestered, and forwarded to SAF/MIBR, 550 C Street
West, Randolph AFB, TX 78150-6001, for disposition in accordance with
established policy.
d. He was not assigned to the Non-obligated Nonparticipating
Ready Personnel Section (NNRPS) as reflected on Reserve Order JR-0665,
dated 1 April 1996, but rather he remained assigned to the 9021 Air
Reserve Squadron, HQ ARPC/SGP, Denver, CO.
e. He was credited with an additional 35 nonpaid inactive duty
training points for the retirement/retention year 22 December 1996
through 21 December 1997, resulting in 50 total points; and, that the
period 22 December 1996 through 21 December 1997 is a year of
satisfactory Federal service for retirement.
f. He was credited with an additional 35 nonpaid inactive duty
training points for the retirement/retention year 22 December 1997
through 21 December 1998, resulting in 50 total points; and, that the
period 22 December 1997 through 21 December 1998 is a year of
satisfactory Federal service for retirement.
g. He was credited with 24 nonpaid inactive duty training points
and 15 membership points for the retirement/retention year 22 December
1998 through 9 September 1999, resulting in 39 total points; and, that
the period 22 December 1998 through 9 September 1999 is a partial year
of satisfactory Federal service for retirement.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 9 September 1999, under the provisions of AFI 36-
2603:
Mr. David C. Van Gasbeck, Panel Chair
Mr. Grover L. Dunn, Member
Mr. John E. Pettit, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Jul 98, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ ARPC/JA, dated 9 Dec 98, w/atchs.
Exhibit D. Letter, AFBCMR, dated 28 Dec 98.
Exhibit E. Applicant’s Letter, dated 22 Mar 99, w/atchs.
Exhibit F. Applicant’s Letter, dated 20 Sep 99, w/atchs.
DAVID C. VAN GASBECK
Panel Chair
C O R R E C T E D D I R E C T I V E
INDEX CODE: 135
AFBCMR 98-02114
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:
The pertinent military records of the Department of the Air
Force relating to DOUGLAS A. PERRENOD, 139-42-0805, be corrected to
show that:
a. Between April 1989 and April 1993, his security
clearance was not denied, suspended, or revoked.
b. Any and all documentation placed in his Special
Security Folder (SSF), maintained by the 497th Intelligence Group,
since 1 April 1989, with the exception of the Special Background
Investigation completed by the Defense Investigative Service on
12 December 1983, be,and hereby is, declared void, removed from his
records, sequestered, and forwarded to SAF/MIBR, 550 C Street West,
Randolph AFB, TX 78150-6001, for disposition in accordance with
established policy.
c. Any and all files created by the Air Reserve
Personnel Center relating to documentation from his SSF be, and hereby
are, declared void, removed from his records, sequestered, and
forwarded to SAF/MIBR, 550 C Street West, Randolph AFB, TX 78150-6001,
for disposition in accordance with established policy.
d. He was not assigned to the Non-obligated
Nonparticipating Ready Personnel Section (NNRPS) as reflected on
Reserve Order JR-0665, dated 1 April 1996, but rather he remained
assigned to the 9021 Air Reserve Squadron, HQ ARPC/SGP, Denver, CO.
e. He was credited with an additional 35 nonpaid
inactive duty training points for the retirement/retention year 22
December 1996 through 21 December 1997, resulting in 50 total points;
and, that the period 22 December 1996 through 21 December 1997 is a
year of satisfactory Federal service for retirement.
f. He was credited with an additional 35 nonpaid
inactive duty training points for the retirement/retention year 22
December 1997 through 21 December 1998, resulting in 50 total points;
and, that the period 22 December 1997 through 21 December 1998 is a
year of satisfactory Federal service for retirement.
C O R R E C T E D D I R E C T I V E
C O R R E C T E D D I R E C T I V E
g. He was credited with 35 nonpaid inactive duty training points
and 15 membership points for the retirement/retention year 22 December
1998 through 21 December 1999, resulting in 50 total points; and, that
the period 22 December 1998 through 21 December 1999 is a year of
satisfactory Federal service for retirement.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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