RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-02812
            INDEX CODE:  126.03

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

The Letter of Reprimand (LOR), dated 22 Feb 02,  and  the  Unfavorable
Information File (UIF) be declared void and removed from her records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The  senior  ranking  officer,  Capt  J---,  solicited  and  pressured
11 classmates to write memoranda of record.

There were inaccurate statements by her accusers.

She  was  the  victim  of  racial  discrimination   and   differential
treatment.

In  support  of  her  appeal,  the  applicant  provided  documentation
pertaining to the LOR, including the LOR, statements and memoranda  of
record.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates
that the applicant is currently serving on active duty in the grade of
captain, having been promoted to that grade on  9 Jun 98.   Her  Total
Active Federal Military Service Date (TAFMSD) is 8 Jul 96.

On 22 Feb 02, the applicant received an  LOR  after  an  investigation
disclosed that on or about 29 Nov 01, while participating as a student
in the Language and Area Studies Immersion  (LASI)  program  in  Nice,
France, she was derelict in the performance of her duties by willfully
and intentionally refusing to attend a mandatory lecture on the  local
economy.  On or about 3 Dec 01, she failed  to  obey  a  lawful  order
given to her by Captain J---, her class  senior  ranking  officer,  to
provide her with a translated version of the lecture notes as a makeup
for missing the required class.  Furthermore, it was revealed  through
unsolicited memoranda for record from 11 fellow students,  the  school
director, and her host family, of numerous accounts of  unprofessional
and embarrassing behavior exhibited by her  while  on  temporary  duty
(TDY)  to  include  public  confrontations  with  her  senior  ranking
officer, comments to the school director that she was in Nice, France,
on “vacation,” and exhibiting a  negative  attitude  toward  her  host
family by limiting  her  contact  with  them  to  the  minimum  extent
possible, refusing to eat many of the meals they prepared for her, and
using their private phone, located in  their  bedroom,  despite  being
informed that was the only room she was  not  allowed  to  enter.   In
addition, she refused to speak  French  around  her  host  family  and
invited a friend to their home the day she  used  the  phone--both  of
which violated the policy agreement she signed on  6  Dec  00.   As  a
result of the LOR, a UIF was established.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSFM recommended denial indicating that the use of  the  LOR  by
commanders and supervisors is an exercise of supervisory authority and
responsibility.  The LOR is used to  reprove,  correct,  and  instruct
subordinates who depart from acceptable norms of conduct or  behavior,
on or off duty, and helps maintain established Air Force standards  of
conduct or behavior.  A reprimand is more severe than a counseling  or
admonition and indicates a stronger degree of  official  censure.   An
individual has  three  duty  days  upon  receipt  to  submit  rebuttal
documents for consideration by the initiator.  LORs are mandatory  for
file in the UIF for officer personnel.

AFPC/DPSFM stated that the commander completed an investigation of the
allegations against the applicant and considered  all  the  statements
provided, to include the Chief,  International  Airman  Division,  the
applicant’s  classmate’s  statements,  the  host   family,   and   the
applicant’s rebuttal statements and concluded that her performance and
behavior were unprofessional.

A complete copy of the AFPC/DPSFM evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  27
Nov 02 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  error.   The  applicant’s  complete  submission  was
thoroughly reviewed and her contentions were duly noted.  However,  we
did not find her assertions nor the documentation submitted in support
of her appeal sufficiently persuasive to  warrant  corrective  action.
The evidence of record indicates that the applicant  received  an  LOR
for dereliction of her duties, failure to obey  a  lawful  order,  and
unprofessional and embarrassing behavior.  As a result of the  LOR,  a
UIF was established.   After  a  thorough  review  of  the  facts  and
circumstances of this case, we find no evidence which would lead us to
believe that  the  information  used  as  a  basis  for  the  LOR  was
erroneous, or that their was  an  abuse  of  discretionary  authority.
Furthermore, no evidence has been presented which  convinces  us  that
the  applicant  was  the  victim  of  racial  discrimination  or   any
differential treatment.  In view of the foregoing, and in the  absence
of sufficient evidence to the contrary,  we  conclude  that  no  basis
exists to recommend favorable action on the applicant’s  request  that
the LOR and UIF be voided and removed from her records.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of 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 AFBCMR Docket Number 02-
02812 in Executive Session on 28 Jan 03, under the provisions  of  AFI
36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Ms. Diane Arnold, Member
      Mr. Michael Barbino, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Aug 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSFM, dated 21 Nov 02.
    Exhibit D.  Letter, SAF/MRBR, dated 27 Nov 02.




                                   RICHARD A. PETERSON
                                   Panel Chair