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AF | BCMR | CY2000 | 9801358
Original file (9801358.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  98-01358 (Case 2)
            INDEX CODE:  126.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________


APPLICANT REQUESTS THAT:

A Letter of Reprimand (LOR), dated  14  Oct  97,  and  an  Unfavorable
Information File (UIF), dated Nov 97, be removed  from  her  permanent
records.
_________________________________________________________________

APPLICANT CONTENDS THAT:

She received the LOR due to unfair treatment  and  undue  emphasis  on
isolated incidents.  The evaluators were biased towards her  and  were
not  able  to  be  objective  in  their  evaluation  of  her  or   her
performance.  She believes that, because she wrote her senator in 1996
concerning her  commander’s  improper  behavior,  undue  emphasis  was
placed on isolated incidents and she received unfair treatment.

In support of her request, applicant submits a copy of  a  memorandum,
dated 11 May 98, a copy of the LOR and her rebuttal to  the  LOR,  and
additional  documents  associated  with  the  issues  cited   in   her
contentions (Exhibit A).
_________________________________________________________________

STATEMENT OF FACTS:

On 8 Dec  94,  the  applicant  was  appointed  a  captain,  Biomedical
Sciences Corps (BSC), Reserve of the Air Force,  and  was  voluntarily
ordered to extended active duty on 13 Feb 95.

The applicant provided copies of the 14 Oct  97  LOR,  issued  by  her
flight commander, which automatically  established  a  UIF;  and,  her
appeals of the LOR, dated 16 and 22 Oct 97 (Exhibit A).

The applicant filed an Inspector General (IG) complaint on 15  Jan  97
alleging that the Mental Health Flight (MHF) Chief, 82d Medical  Group
(MDG), reprised against her, mistreated unit personnel and  improperly
ordered changes to two of her psychological evaluations.  The  12  May
97 Summary Report of Investigation (SROI) concluded that the  evidence
did not substantiate six  of  the  applicant’s  allegations;  however,
three of the allegations were  substantiated  (see  attached  SROI  at
Exhibit A).

Applicant's OPR profile, commencing with the report closing 12 Feb  96
follows:

            Period Ending    Evaluation

            #  12 Feb 96     Meets Standards (MS)
            ## 12 Feb 97          MS
               12 Feb 98     Does not Meet Standards (Referral)

# Top report at the time she was considered  Below-the-Promotion  Zone
(BPZ) and nonselected for promotion to  major  by  the  CY97A  Central
Major Board, which convened on 3 Feb 97.

## Top report at the time she was considered BPZ and  nonselected  for
promotion to major by the CY98B Central Major Board, which convened on
6 Apr 98.

On 30 Sep 98, she was released from active duty and transferred to the
Obligated Reserve Section (ORS) of the Air Force Reserve on 1 Oct  98.
Information extracted from the Personnel Data System (PDS)  reveals  a
UIF disposition date of 9 Nov 2001.

The relevant facts pertaining to this application are contained in the
letter  prepared  by  the  appropriate  office  of  the   Air   Force.
Accordingly, there is no need to recite these facts in this Record  of
Proceedings.
_________________________________________________________________

AIR FORCE EVALUATION:

The Commander’s  Programs  Branch,  HQ  AFPC/DPSFC,  stated  that  the
applicant received her Letter of Reprimand (LOR) for an  inappropriate
and unprofessional  public  display  and  loss  of  control  during  a
conversation in her duty section with colleagues.  The LOR stated  the
applicant was previously counseled about this type of behavior  via  a
Letter of Admonishment (LOA) and a Letter of Counseling  (LOC)  on  29
Aug 97 and 30 May 97 respectively.  The LOR was  automatically  placed
in an Unfavorable Information File (UIF).  The  applicant  provided  a
rebuttal to the LOR on 16 Oct 97.

DPSFC indicated that on 1 Feb 96, new accountability rules for officer
personnel  were  implemented.   The  rules  stated  that  any  officer
receiving a LOR would have a UIF established automatically.   The  UIF
would remain in the personnel database (computer system) for a  period
of four years and was not authorized to be removed early,  unless  the
commander stated the officer did not commit the offense listed in  the
LOR.  On 1 May 98, enhanced accountability rules for officer personnel
were implemented.  The enhancements provided for  wing  commanders  to
elect one of three options for UIFs already in existence (as  was  the
case with the applicant).  The options were to maintain  the  original
four-year disposition (expiration) date, convert the UIF  to  the  new
two-year disposition date, or remove the UIF  in  its  entirety.   The
applicant’s  wing  commander  elected  to   maintain   the   four-year
disposition date on the applicant’s UIF.

DPSFC stated that the  applicant  had  an  opportunity  to  provide  a
rebuttal to the LOR; and, the wing commander  had  an  opportunity  to
shorten the expiration date of the UIF or remove  it  completely,  and
decided against it.  DPSFC  recommended  the  applicant’s  request  be
denied.  A complete copy of this evaluation is appended at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 3 Aug
98 for review and response.  As of this date,  no  response  has  been
received by this office (Exhibit D).
_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the  existence  of  probable  error  or  injustice.   The  applicant’s
complete submission was thoroughly reviewed and her  contentions  were
duly noted.  Although the applicant believes she received the LOR  due
to unfair treatment and an undue emphasis on isolated  incidents,  the
IG Report of Inquiry revealed  no  evidence  that  the  Mental  Health
Flight (MHF) Chief singled out the applicant for harassment or in  any
way deliberately made the working environment worse for her than  most
other members of the MHF.  We  note  that  the  reason  the  applicant
received the LOR was  due  to  her  inappropriate  and  unprofessional
public display and that she also received a Letter of Admonishment and
a Letter of Counseling for previous  public  displays  of  this  type.
Therefore, in view of the foregoing and in the absence  of  sufficient
evidence that the  information  used  as  a  basis  for  the  LOR  was
erroneous or that there was an abuse of  discretionary  authority,  we
find no  basis  to  recommend  favorable  action  on  the  applicant’s
request.

4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially add to our understanding of the issue(s) involved.
_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable  material  error  or  injustice;
that the application was denied without  a  personal  appearance;  and
that the application will only be reconsidered upon the submission  of
newly  discovered  relevant  evidence   not   considered   with   this
application.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 6 January 2000 under the provisions  of  AFI  36-
2603:

                  Mr. Charles E. Bennett, Panel Chair
                  Mr. Michael Barbino, Member
              Ms. Kathy Boockholdt, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 11 May 98, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPSFC, dated 15 Jul 98.
   Exhibit D.  Letter, SAF/MIBR, dated 3 Aug 98.




                                   CHARLES E. BENNETT
                                   Panel Chair

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