RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBERS: 01-01556
INDEX CODE 134.01
COUNSEL: None
HEARING DESIRED: Yes
_________________________________________________________________
APPLICANT REQUESTS THAT:
The 31 Mar 00 Letter of Reprimand (LOR) and Unfavorable Information
File (UIF) issued by the 19th Air Force Commander (19AF/CC) be
declared void and removed from his records, including his Officer
Selection Record (OSR).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He is clearly innocent of the charges for which he was punished and
his career ruined. The administration and disposition of this case
was unjust, unfair and unwarranted. Airman Basic (AB) S-- had a pre-
existing medical condition and was sick throughout training, but his
true condition went undiagnosed. The training event in question was
conceived and designed before he actually took command and had been
conducted hundreds of times for well over a year without a single,
similar incident. The Air Force had no official guidance applicable to
such an event but its development and operation were approved by two
basic military training (BMT) group commanders and every commander in
the chain. He was never counseled by his chain of command and told his
performance lapsed or was lacking for the entire period of his command
(Apr 98-Jun 00). He elaborates on the following points:
a. The decision making in this case was taken out of the
hands of his chain of command, yet they supported him and indicated he
did nothing wrong.
b. Medical experts testified that the medical conditions
that took the airman's life were internal and pre-existing before
field training.
c. AB S-- told his parents he was sick and not getting
better. The Physician Assistant (PA) who treated AB S-- on three
separate occasions did not pay enough attention to the apparent
medical signs demonstrating the airman was in distress. Medical
experts testified that pre-existing medical conditions and the over-
consumption of water were responsible for this death and that the PA
did not do his job properly.
d. The first commander-directed investigation (CDI),
directed by the 2nd Air Force commander (2AF/CC), found no personal
fault. However, an immediate second CDI, directed by the HQ Air
Education and Training Command commander (HQ AETC/CC), ignored the
first investigation and medical implications, focusing solely on the
development of a single training event so as to find a training, vice
medical, causation for AB S--'s death. It appears this was fueled by
the need to quiet the airman's hostile family (who claimed someone
killed him and should be held responsible and punished), by
congressional support for the grieving family's assertions, and by
unceasing negative media coverage. As a result, he became a non-
medical, Air Force training alibi to be used as a legal strategy
against any legal claims based on medical deficiencies or supervisory
neglect anticipated from the airman's family. HQ AETC/CC was fully
knowledgeable of the actual medical causation facts.
e. The investigator of the second CDI admitted he made
his recommendations based on a superseded Army regulation and an Air
Force regulation that was not applicable to this training event.
f. Immediate commanders insured his performance record
was unblemished for the period because his actions were prudent and
within standards. He was promoted in job responsibility from the 737th
Training Support Squadron commander (737TRSS/CC) to the 37th Training
Group (37TRG) deputy commander, recommended for promotion to colonel
by the wing commander, and presented with the Meritorious Service
Medal (MSM) by the HQ AETC/CC
g. Six independent evaluations (a BMT review, two wing
safety inspections, two BMT Standardization/Evaluation Teams, the 2000
HQ AETC Inspector General) performed on BMT training for the period
rated the Field Training Experience (FTX) either "excellent" or
"outstanding" in each instance. There was not one single finding by
these evaluations indicating FTX training was developed improperly or
was unsafe.
The applicant's 3-page statement, with 39 attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The following information was extracted from official documents
provided at Exhibits A, B and E.
AETC Instruction (AETCI) 48-101, Prevention of Heat Stress Disorders,
dated 17 Oct 94, establishes AETC responsibilities and procedures to
prevent the adverse effects of heat stress. The instruction applies to
all personnel who are assigned to or are attending training on AETC
installations. It lists the symptoms used for the recognition of heat
stress disorders and requires that work and rest cycles be planned for
personnel occupationally exposed to hot environments. It directs rest
stops every 30 minutes during outside activities under yellow flag (85-
87.9 degrees) conditions.
In Sep 95, the 17th BMT Biennial Review tasked BMT to instill a war-
fighting spirit in basic trainees. Rapid implementation of an
overnight FTX in Nov 96 institutionalized warrior training for all
trainees entering BMT. By the fall of 96, FTX was able to begin
testing the concept with full-scale operations starting in Jan 97.
Training was still very basic. Instruction continued in this manner
for approximately one year until the idea of an actual, more intense
march emerged following additional external critiques.
On 7 Apr 98, the applicant, a lieutenant colonel (Date of Rank: 1 Feb
98), was assigned to Lackland AFB, TX as the 737TRSS/CC for the Air
Force's BMT. His rater was the 737th Training Group commander
(737TRG/CC). His additional rater and senior rater was the 37th
Training Wing commander (37TRW/CC).
In Jun 98, the first FTX march began. During this time period, the
737TRSS/CC, the 737TRG/CC and officers responsible for FTX had all
rotated. At approximately the same time, Warrior Week, a program that
would eventually incorporate FTX, was in its conceptual phase. Unlike
the evolutionary development of FTX, Warrior Week began with a concept
paper and went through a series of reviews. (The program would be
inaugurated on 1 Oct 99, and FTX as an independent event would cease
to exist.)
In a letter dated 23 Jul 98, the applicant requested guidance on safe
troop movements during a 5.4-mile retrograde walk, specifically a
supplement to AETCI 48-101.
AETCI 48-101 tasks BioEnvironmental Engineering (BE) with assisting
tenant units in developing their supplement on heat stress. On 21 Aug
98, an interim BE memo to the applicant provided recommendations on
safe troop movement during the retrograde march. The recommendations
were based on walking at ease carrying only canteens. It recommended
a rest break every 45 minutes and one-half to one quart of water per
hour depending on conditions. The memo also recommended trainees as a
group check their pulse to assess their level of stress (which proved
impracticable in a field environment). If symptoms of heat illness
were noted, they were to seek immediate medical attention.
AB S--, an 18-year-old member of the Ohio Air National Guard, entered
BMT on 9 Aug 99 and was scheduled to graduate on 17 Sep 99. On 10 Sep
99, he collapsed during the final portion of the 5.8 mile FTX
retrograde march conducted at the Medina Annex of Lackland, AFB, TX,
with approximately 1/10 of a mile remaining. After receiving medical
attention in the field from on-scene medical technicians, he was taken
by ambulance to Wilford Hall Medical Center (WHMC) where he received
emergency and definitive care. He was hospitalized for 2 days before
being pronounced brain dead on 12 Sep 99 due to cerebral edema (brain
swelling) caused by heatstroke and hyponatremia (low blood sodium). No
other trainees were transported to WHMC for heat-related or any other
illness or injury from this march. The 2AF/CC appointed the vice
commander of the 82nd Training Wing (82TW), Sheppard AFB, TX, as the
investigating officer (IO).
According to the 27 Oct 99 CDI Executive Summary [Tab 8, Exhibit A],
the purpose of the investigation was to discover and document as many
of the facts as possible surrounding AB S--'s tragic death from heat
stroke, complicated by water intoxication. The airman had a pre-
existing medical condition for which he was receiving
treatment/medication at the time of his induction. His enlistment
physical was done on 23 Jan 99. He was diagnosed with allergic
rhinitis (nasal allergy) and this was known by the Air Force medical
providers and his supervisors. He was progressing well in his training
and was in good physical shape evidenced by his physical conditioning
test. He had persistent upper respiratory symptoms, consistent with
allergies and/or upper respiratory infection, throughout much of his
time at BMT. Around the beginning of Aug 99, he apparently was seen
for a cold. He was medically screened on 13 Aug 99. He was seen at a
Lackland AFB dispensary on 17 Aug 99 for "minor musculoskeletal pain"
and issued over-the-counter (OTC) medication. His second visit on
31 Aug 99 was for "minor cold symptoms" and he was issued OTC cold
medication. He made a third visit on 8 Sep 99 and the same PA as the
previous two visits diagnosed him as having "persistent upper
respiratory infection," noting he was not in distress and had a
bruised right shin. He given OTC and prescription medication and was
told to follow-up the next morning to reevaluate the bruise; however,
no follow-up visit on 9 Sep 99 is recorded.
The 2-day FTX began on 9 Sep 99, and AB S-- told a fellow trainee that
he was not feeling well. Lights out occurred at midnight and
activities resumed at 0520 on 10 Sep 99. The march, which began at
1417, was conducted under yellow flag conditions because the Wet Bulb
Globe Temperature index at the beginning of the march was 86.1
degrees. Therefore, the trainees were not required to carry their 35-
pound duffel bags, but did carry canteens and inert M-16 rifles. The
trainees were dressed in Battle Dress Uniform (BDU) with hat, web belt
and camouflage face paint. Based on an inventory of his personal
effects, AB S-- was dressed in winter-weight BDUs. AB S-- told several
trainees he was not feeling well. Both trainee and military training
instructor (MTI) accounts indicate that by the third water stop, AB S--
and other trainees were receiving assistance from fellow trainees at
various times during the march. At 1615 the formation stopped for the
dinner break. Trainees and a Military Training Instructor (MTI)
observed that AB S-- was lying down, physically weak and had vomited
after eating a small portion of his meal. A medic that was called
observed from about 8-10 feet away that the airman had vomited up his
meal; however, the medic did not take further action as the airman was
on his feet and walking. The march resumed around 1650 and at
approximately 1710 the airman was found jogging in place with his head
thrown back. MTIs could not get the airman to stop jogging or to
respond. He was forced to the ground to assess his condition. He
subsequently had an apparent seizure and remained unresponsive. An
ambulance was called at 1719. Upon arrival at WHMC at 1740, his core
body temperature was 108 degrees (hyperthermia). He had at least 4.5
liters of extra water in his bloodstream. Large amounts of excess
water over a short period of time lead to dilution of minerals and
blood cells in the blood (hyponatremia). The airman had pulmonary and
cerebral edema (swollen water-saturated lungs and brain) as well as a
diffuse clotting disorder, a known complication of heatstroke. On 11
Sep 99, a neurology consult revealed massive brain swelling and
changes consistent with lack of blood flow and oxygen to the brain
that caused irreversible brain injury, leading to brain death. AB S--
was declared brain dead on 12 Sep 99.
The IO noted AB S-- had been prescribed appropriate medication prior
to the FTX but, according to lab results, there were no medications
present in his blood at the time of the incident that contributed to
his death. The upper respiratory illness could have predisposed him to
fatigue more easily and reduced his reserves of energy. Also
significant was that, by all accounts and supported by lab results, he
was drinking large volumes of water. Several experts pointed to
overhydration as being a critical factor in his rapid deterioration
and death. These medical issues may have made him different from the
other 190 students that successfully completed the march. The IO also
indicated a variety of operational and training-related issues could
have complicated his ability to resist heat stress. The majority of
the trainees' scheduled physical activity was accomplished early in
the morning while the march was accomplished in the middle of the
afternoon, after the trainees spent approximately 1 hour in the direct
sun. The IO also indicated that many trainees were very reluctant to
self-identify themselves as having any difficulty because of their
fear of being recycled. On the morning of the march the trainees were
not briefed on the major causes or symptoms of heat illness, nor
instructed to watch for them. The relationship between trainees and
those in charge should be based upon a healthy respect for their
authority but not upon fear. There are inherent risks in any activity
that place individuals in stressful and demanding situations. However,
military recruits should be trained under scenarios that simulate as
realistically and safely as possible the conditions they will
encounter in real world situations. The IO recommended the following:
a. Establish a standardized procedure that guaranteed
squadron supervisory personnel are formally notified when a trainee
has received medical attention/medication, or been placed on any type
of physical-conditioning waiver, and that trainee medical status be a
mandatory review item by the MTIs prior to the FTX.
b. Brief trainees at the start of the FTX on the warning
signs of heat-related illness and instruct them to notify the MTIs or
medics immediately if significant heat stress symptoms are observed.
Standardize the guidance for identification of and treatment for heat-
related symptoms.
c. Consider beginning the march in the morning to avoid
any complications from high temperatures later in the day. Also
review the acclimatization process for the trainees.
d. Clearly spell out in policy guidance the actual
distribution of responsibilities between the medics and the MTIs on
the march. This would help ensure that MTIs were not placed in the
position of having to medically evaluate the trainees and the medics
would have a clear definition of the difference between their roles as
medical providers and supervisors. This may aid in the willingness of
the trainees to self-identify, as they did not make a distinction
between the medics and the MTIs and how they were treated by them.
A second CDI was directed by the AETC/CC on 22 Nov 99 to determine if
any actions or omissions of any personnel or organizations assigned or
attached to AETC caused or contributed to AB S--'s death. The AETC/CC
directed the report include findings and conclusions only, not
recommendations. A complete copy of the 3-volume CDI is at Exhibit E.
In the second CDI, dated 24 Feb 00, the IO indicated the following:
a. The two principal documents training personnel
referenced as providing guidance when they developed and added the
march to the FTX program were the 737th Training Group Instruction
(TRGI) 36-3, Basic Military Training, and AETCI 48-101. TRGI 36-3
references the FTX program but does not specifically mention the
march.
b. The march was never assessed by a qualified
organization to determine its workload nor structured to incorporate
validated work/rest cycles to prevent heat stress disorders. The
advice in the 21 Aug 98 BE memo was superficial, lacked an
appreciation of the march's conditions, and did not evaluate the
workload of the march. TRSS did not make any further attempts to
obtain more practical guidance for the march and BE did not follow up
to validate the effectiveness of its 21 Aug 98 memo. The end result
was that the personal characterization of the march remained "light"
and the pace and number of rest breaks was at the discretion of the
FTX instructors on the march.
c. AETCI 48-101 does not contain definitive guidance
applicable to the development of a new training event, nor does it
provide objective criteria to measure the workload of the march.
Further, it is not designed for BMT trainees, cannot be used to make a
determination regarding trainee activities, and does not contain
sufficient objective criteria to assess an event like the march.
d. The 10 Sep 98 march followed the limited guidance then
existing for the conduct of the march. The trainees stood waiting in
the sun for about one hour and then marched at a quick pace to make up
for a late start. The rest breaks were adequate in number; however,
trainees at the end of the formation [where AB S-- was located] did
not have the benefit of the full rest periods and may not have had
sufficient time to recuperate.
e. The hydration guidance in AETCI 48-101 was followed. No one
at BMT was aware of the possibility of over-hydration. Prior to this
incident, hyponatremia and measures to prevent over-hydration were not
reflected in Air Force publications. AB S--'s water consumption was in
accordance with the Air Force and BMT guidance at that time.
f. While the conduct of the march may have contributed to
AB S--'s hyperthermia, it was not the sole cause of his developing
heat stroke. Hyponatremia did not directly trigger AB S--'s
hyperthermia, but it was a contributory factor and increased his
likelihood of mortality.
g. The training and medical groups did not have a joint
approach to assess the development of the march.
h. Self-identification is limited by fear of recycling,
motivation by MTIs and trainees, and other trainees not wanting to
identify a fellow trainee. Self-identification failed to identify AB
S-- as needing assistance
i. During the course of the march, there were four
instances when MTIs or medics might have intervened. It was only at
the dinner stop there was a clear duty to take action and there was a
failure to do so. It could not be determined with any certainty that
the failure to act or properly evaluate his condition caused AB S--'s
death or that intervention at that point would have prevented his
death.
j. AB S--'s medications and pre-march medical care were
found to be appropriate. Toxicology test showed he did not take
enough medication to affect his heat regulatory mechanisms.
On 22 Mar 00, the AETC/CC designated the 19AF/CC as the general court-
martial convening authority to consider whether disciplinary action
should be initiated against any AETC personnel involved in the events
surrounding the death of AB S--.
On 31 Mar 00, the 19AF/CC gave the applicant an LOR. The 19AF/CC
indicated that he had reviewed the second CDI, which concluded that
the FTX program, specifically the march, was developed, structured,
and conducted in a manner which contributed to the airman developing
heat stroke. The commander stated that "the [737TRG] was responsible
for the FTX and, within the group, the [737TRSS] was responsible for
the FTX. Thus, the ultimate responsibility for development, structure,
and safe conduct of the FTX march resided with [the applicant, the
737TRSS/CC]." The commander criticized the applicant for not ensuring
that his personnel followed-up with medical authorities to properly
assess the FTX march for workload and not having written procedures
developed to guide the FTX cadre and MTIs when curtailment measures
were required by heat conditions. Trainees were exposed to
potentially dangerous conditions.
The 37TRW/CC requested on 11 May 00 that the 19AF/CC not invoke the
LOR/UIF. On 8 May 00, the 2AF/CC advised the 19AF/CC that an LOR was
inappropriate.
The applicant rebutted the LOR point-by-point on 15 May 00. He also
questioned why the PA's treatment of AB S-- was not pursued by the IO.
He contended that had the PA properly evaluated the airman on 8 Sep
98, he would not have been on the 10 Sep 98 march. He believed he was
being held accountable for a death neither he nor his staff was given
a reasonable chance to mitigate or prevent and asks against what
specific standard was he being judged.
On 16 May 00, the applicant received the Meritorious Service Medal
(4th Oak Leaf Cluster) for the period 21 Mar 98 to 1 Jun 00.
On 9 Jun 00, the 19AF/CC notified the applicant of his intent to file
the LOR in the applicant's officer selection record (OSR). However,
the applicant's area defense council (ADC) disputed the 19AF/CC's
authority to file the LOR in the OSR, arguing the 19AF/CC was not the
applicant's senior rater as required by AFI 36-2608. The 19AF Judge
Advocate (19AF/JA) determined on 23 Jun 00 that the AETC/CC letter of
delegation to the 19AF/CC included the authority to take this action.
The ADC rebutted this determination. On 26 Jun 00, the 19AF/CC
determined that the LOR would be filed in the applicant's OSR. On 27
Jul 00, HQ AFPC/JA legal review found that the 19AF/CC had the
authority to file the LOR in the OSR based on the delegation of
authority given to him by the AETC/CC.
On 1 Aug 00, the 19AF/CC advised the 37TRW/CC that the LOR will be
filed in the applicant's Officer HQ USAF Selection Record and his
Officer Command Selection Record.
On 27 Nov 00, the 37TRW/CC requested that the 2AF/CC remove the
applicant's UIF from his OSR.
The applicant's Officer Performance Reports (OPRs) from 25 Aug 81 to
present reflect the highest ratings.
The applicant was considered below-the-promotion-zone (BPZ) for the
grade of colonel by the Calendar Year 2000A (CY00A) and the CY01B
boards, which convened on 17 Jul 00 and 3 Dec 01, respectively.
However, he was not selected by either board. His Promotion
Recommendation Forms (PRF) reflected overall recommendations of
"Promote." He is currently serving as the 37th Training Wing deputy
commander at Lackland AFB, TX.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AETC/SGP reviewed the medical documentation provided by the
applicant and professionally opines that the medical care provided to
AB S-- by the 59th Medical Wing met acceptable standards of care.
Recommendation is deferred to the Directorates of Operations and
Personnel.
A complete copy of the evaluation is at Exhibit C.
HQ AETC/DOO indicates the applicant is also requesting that his PRF
and OPR be corrected incident to the LOR set aside. HQ AETC/DOO
recommends the set aside be granted and the applicant's PRF and OPR be
corrected since the evidence demonstrates errors that resulted in
injustice. DOO believes the record supports the applicant's
assertions. Further, in his favor, all of his supervisors over the
years have rated him as a top performer and one of the finest officers
in the Air Force. Since his reprimand, his local commanders have
demonstrated their continued confidence in the applicant by assigning
him to a position of increased responsibility. The record shows that
credible individuals, including the applicant's group, wing, and
numbered Air Force commanders, supported him and viewed the direction
and outcome of this case as unjust. DOO makes the following points:
a. The applicant had no reasonable control in the
matters for which he was reprimanded. He was not even in command at
the time the FTX march was designed and approved.
b. The second investigation largely focused on
deficiencies of non-training organizations yet ends with a reprimand
of the applicant, who is a training commander. The investigation by
its own words is actually making the point that the problems observed
are not the fault of the applicant.
c. The investigating officer erred when he alleged that
the applicant failed to comply with AETCI 48-101 and failed to take
actions affecting the safety of the FTX march. The entire case flows
from these errors and the reprimanding official relied upon the
resulting erroneous information in making a determination. Certain
assertions in the LOR are not supported by documented facts and appear
to be based on conjecture. The 737TRSS/CC could not fully comply with
AETCI 48-101 and the Lackland AFB Supplement because they were in
conflict. The first investigation discusses some of these conflicts.
A copy of the complete advisory is at Exhibit D.
HQ AFPC/DPS discusses the two CDIs conducted to investigate the
circumstances of the airman's death. The use of the LOR is an
exercise of supervisory authority and responsibility. It automatically
establishes a UIF for officer personnel and is not required to be
legally sufficient. It is a tool for commanders and supervisors to
reprove or instruct subordinates. A wing commander or imposing
commander (whichever is higher) may remove an officer's UIF at any
time and may also direct removal of derogatory date from the OSR. In
this particular case, the AETC/CC, for reasons of his own, removed
resolution of the case from the normal chain of command, 2AF/CC, and
delegated the responsibility and authority of general court-martial
convening authority to the 19AF/CC. DPS indicates it normally works
under the premise that a commander's decision-making authority is
paramount when issuing LORs. However, in this case, the applicant's
commander and chain of command were taken out of the decision-making
process and, when they learned of the intent to render an LOR, all
strenuously objected in writing. Although the applicant has provided
compelling documentation on his behalf, AFPC/JA has opined [see Tab
30F of Exhibit A] that the applicant's performance reports for the
periods prior to and immediately after the tragedy were not tarnished
and he received a military decoration for his time in that position--a
clear indication of continued support from him chain of command.
Legal review has held that issuance of the LOR by the 19AF/CC was
proper. DPS defers to the AETC Directorate of Operations regarding the
applicant's culpability toward the alleged training deficiencies.
A copy of the complete advisory, as well as a copy of the second CDI,
are at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Complete copies of the Air Force evaluations were forwarded to the
applicant on 21 Nov 01 for review and comment within 30 days. As of
this date, this office has received no response.
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
HQ AFPC/DPSF indicates that the LOR and UIF are a matter of record.
His unit maintains the actual documents and the personnel database
reflects a disposition (expiration) date of 4 Jun 02--two years from
the date the LOR was administered. In this case, the disposition date
isn't exactly two years from the date the LOR was given due to time
allotted for the applicant to refute the LOR; however, the UIF was
still established within acceptable timeframes. LORs automatically
established a UIF for officers. The disposition date is two years
unless sooner removed by the member's wing commander or equivalent.
The applicant is still in the same chain of command that issued the
LOR so this option is not available to him. DPSF checked with the OSR
office on 17 Dec 01 and their review of the applicant's OSR did not
reflect the LOR. If the Board grants the applicant's appeal, DPSF
recommends the Board address the removal of the LOR from the OSR in
the event there has just been a delay in filing the document.
A copy of the complete advisory is at Exhibit G.
HQ AFPC/DPPB states that a review of the applicant's OSR confirmed
that no LOR was in the OSR when reviewed by the CY00A and CY01B
Colonel Selection Boards.
A copy of the complete advisory is at Exhibit H.
_________________________________________________________________
APPLICANT'S REVIEW OF THE ADDITIONAL AIR FORCE EVALUATION:
Complete copies of the additional evaluations were forwarded to the
applicant on 21 Dec 01 for review and comment within 30 days. As of
this date, this office has received no response.
_________________________________________________________________
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 to warrant relief. We
note HQ AETC/DOO asserts in their advisory that, in addition to
rescinding the LOR, the applicant also requested his "PRF and OPR be
corrected incident to the [LOR] set aside." However, we could not find
where the applicant raised any requests concerning his PRF or OPR in
his submission. Further, the PRFs rendered for and the OPRs reviewed
by CY00A and CY01B boards do not appear to reflect any derogatory
comments or ratings. Therefore, the only corrective issue before this
board will pertain to the LOR. HQ AETC/DOO believes the applicant's
appeal should be granted, while HQ AFPC/DPS notes legal review
held the issuance of the LOR by the 19AF/CC was proper. Given the
tragic consequences of the 10 Sep 99 march, we took great care to
thoroughly examine and consider all aspects of this complicated and
emotionally troubling case before concluding that the LOR should be
voided. In this regard, we note the planning and execution of the FTX
march were already in place when the applicant took command. In our
view, the available evidence does not establish that he failed to
comply with existing requirements or failed to take actions affecting
the safety of the FTX march. The applicant appears to have acted as
responsibly and appropriately as possible given the decisions that
preceded his command and the guidance available to him. If anything,
we would question what appear to be insufficiencies on the part of the
PA, the MTIs and the medic at the scene. In the final analysis,
everything in the Air Force puts people potentially at risk and no
physical training program is fail safe. The airman's death appears to
have been the tragic result of a chain of multiple, extenuating
factors and circumstances over which no one person possessed the
clairvoyance to foresee or the complete control to prevent. Although
HQ AFPC advised that the LOR was not in the applicant's OSR when
reviewed by the CY00A and CY01B boards, we note the 19AF/CC had
determined on 1 Aug 00 to file the letter in both the applicant's
Officer HQ USAF Selection Record and his Officer Command Selection
Record. Therefore, in the event there may have been a delay in filing
the letter, we agree with HQ AFPC/DPSF's suggestion that the LOR be
specifically removed from the applicant's OSR, as well as his records,
and this we so recommend.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that the Letter of
Reprimand, dated 31 March 2000, and any and all attachments and/or
references thereto be declared void and removed from his records, to
include his Officer HQ USAF Selection Record and his Officer Command
Selection Record.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 7 March 2002, under the provisions of AFI 36-
2603:
Mr. Roscoe Hinton, Jr., Panel Chair
Mr. Robert S. Boyd, Member
Ms. Kathleen F. Graham, Member
All members voted to correct the records, as recommended. The
following documentary evidence relating to AFBCMR No. 01-01556 was
considered:
Exhibit A. DD Form 149, dated 1 Jun 01, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AETC/SGP, dated 7 Aug 01.
Exhibit D. Letter, HQ AETC/DOO, dated 22 Aug 01.
Exhibit E. Letter, HQ AFPC/DPS, dated 20 Nov 01, w/atchs.
Exhibit F. Letter, SAF/MRBR, dated 21 Nov 01.
Exhibit G. Letter, HQ AFPC/DPSF, dated 17 Dec 01.
Exhibit H. Letter, HQ AFPC/DPPB, dated 20 Dec 01.
Exhibit I. Letter, SAF/MRBR, dated 21 Dec 01.
ROSCOE HINTON, JR.
Panel Chair
AFBCMR 01-01556
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 , be corrected to show that the Letter of
Reprimand, dated 31 March 2000, and any and all attachments and/or
references thereto be, and hereby are, declared void and removed from
his records, to include his Officer HQ USAF Selection Record and his
Officer Command Selection Record.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
AF | DRB | CY2002 | FD2002-0194
Cask NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECTSIONAT, RATIONALE FD02-0194 GENERAL: The applicant appeals for upgrade of discharge to Honorable, to change the Reason and Authority for discharge, and to change the RE Cade. Altachment: Examiner's Brief FD2002-0194 DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AB) (HGH AB} 1. Direct his discharge with an under honorable conditions (general) discharge; or j Ppn2002-0/9F c. Recommend thatiigiiiiaiiee...
AF | DRB | CY2003 | FD2002-0450
CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0450 GENERAL: The applicant appeals for upgrade of discharge to Honorable, change the Reason and Authority for discharge and to change the RE Code. And, he received 10 AETC Forms 341 and one Letter of Counseling for failing his dorm room inspection (8 times), needed a haircut, and violated security standards. For this you received an AETC Form 341. n. On 30 Apr 00, you were found to be in violation of curfew and were...
AF | DRB | CY2001 | FD01-00058
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE - CASE NUMBER FD-01-00058 I GENERAL: The applicant appeals for upgrade of discharge to honorable. In this case, the commander cites two Article 15 actions and one letter of reprimand. b. Appropriateness of Discharge: Respondent’s minor disciplinary infractions illustrate his inability to comply with Air Force standards, Administrative discharge is appropriate under paragraph 5.49. c. Characterization of Service: Under AFI 36-3208,...
AF | BCMR | CY2007 | BC-2006-01883
On 10 March 2005, his commander initiated a Commander Directed Investigation (CDI) into allegations the applicant improperly solicited a junior officer, improper use of government resources, and dereliction of duty. The applicant was provided all supporting documentation and given sufficient opportunity to respond to the removal action taken by his commander, and was provided legal counsel. The junior officer asked for the information the applicant provided.
AF | DRB | CY2003 | FD2002-0530
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 6 CASE NUMBER FD2002-0530 GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and authority for the discharge, and to change her reenlistment code. She had an Article 15, Letter of Reprimand, and an Air Education and Training Command Form 125A, "Record of Administrative Training Action." U ~ - ~ ~ - O O T U E O ~ : ~ ~ A M 366TRS DET7 FLWMO DEPARTMENT OF THE AIR FORCE AIR EDUCATION AND TRAINING...
AF | DRB | CY2004 | FD2004-00099
So if you can find anyway possible to upgrade my General discharge to an Honorable discharge I would be very grateful. ATCH None DEPARTMENT OF THE AIR FORCE AIR EDUCATION AND TRAINING COMMAND FROM: 334 TRSICC SUBJECT: Notification Memorandum 1. Copies of the documents to be forwarded to the separation authority in support of this recommendation are attached.
His name had been removed from the CY94A promotion list by direction of the Secretary of the Air Force (SAF) on 6 July 1996 for dereliction of duties in his attention to a sexual harassment complaint, inappropriate handling of the sexual harassment complaint, and failure to promptly correct the victim’s record to properly reflect her reasons for resigning from the Tyndall AFB Enlisted Club. Applicant was advised by letter dated 10 February 1995 that the commander of the 19th Air Force...
AF | BCMR | CY1999 | BC-1998-00567
His name had been removed from the CY94A promotion list by direction of the Secretary of the Air Force (SAF) on 6 July 1996 for dereliction of duties in his attention to a sexual harassment complaint, inappropriate handling of the sexual harassment complaint, and failure to promptly correct the victim’s record to properly reflect her reasons for resigning from the Tyndall AFB Enlisted Club. Applicant was advised by letter dated 10 February 1995 that the commander of the 19th Air Force...
AF | DRB | CY2002 | FD2002-0284
You, who knew of your duties, on or about 11 Aug 01, were derelict in the performance of those duties in that you willfully failed to refrain from consuming or possessing alcohol until over the age of 21 years, as it was your duty to do. Appropriateness of Discharge: a. Airmen are subject to discharge for unsatisfactory performance based on the documented failure to meet Air Force standards. Recommendation: Discharge Respondent with a general discharge without P&R by signing the letter at...
AF | BCMR | CY2011 | BC-2011-04111
The complete DPSOA evaluation is at Exhibit D. ______________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: The notification memorandum he received from his commander on 22 Mar 2010 was the first time he heard the term "fraudulent entry." Since the possibility exists the applicant did in fact answer the questions honestly, we recommend any and all references in his record pertaining to fraudulent enlistment" or a preexisting condition...