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AF | BCMR | CY1999 | 9802114
Original file (9802114.doc) Auto-classification: Approved

                            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































                    C O R R E C T E D   D I R E C T I V E




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