RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01254
            INDEX CODE 126.00, 131.01
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Article 15 imposed on him on 9 Feb 01 be removed from his  Officer
Selection Record (OSR) prior to 8 Jul 03, when the Calendar Year 2003A
Lieutenant Colonel Selection Board convened, and he be  considered  by
Special Selection Board (SSB) for that board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

According to  36-2608,  lieutenant  colonels  and  below  may  request
removal of an Article 15 through an appeal process after  one  in-the-
promotion-zone (IPZ) or above-the-promotion-zone (APZ)  consideration.
Following his IPZ consideration  by  the  CY02B,  he  was  incorrectly
informed that purging the Article 15 from his Unfavorable  Information
File (UIF) would also remove it from his OSR.  He took diligent  steps
to ensure the UIF was, in fact, purged.  The fact that the Article  15
remained in his OSR escaped not only himself but also his senior rater
and his immediate commander, who had initiated steps to purge the UIF.
 He submits his CY03A Promotion Recommendation Form (PRF), the content
of which he believes is indicative of his senior rater’s  belief  that
the Article 15 had been removed from the OSR.

The applicant’s commander  and  the  12th  AF  commander  indicate  by
indorsement their support of the applicant’s request.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant, a USAF Academy graduate in 1987, is  currently  serving
on extended active duty in the grade of major.

During the period in question, the applicant was assigned to the  28th
Bomb Squadron at Dyess AFB, TX, first as an instructor pilot and  then
as the chief, flight operations/instructor pilot.

On 17 Jan 01, applicant was notified  of  his  commander's  intent  to
impose nonjudicial punishment upon  him  for  engaging  in  an  extra-
marital  affair,  to  include  sexual  intercourse,  with  a  Peruvian
national, not his wife, while deployed at or near Lima, Peru, between,
on, or about 28 Sep 00 to 23 Dec 00.  After consulting  with  counsel,
the applicant waived his right to a trial by  court-martial,  did  not
request a personal appearance but submitted  a  written  presentation.
On 9 Feb 01, he  was  found  guilty  by  his  commander,  who  imposed
punishment in the form of forfeiture of $500.00 pay per month for  two
months and a reprimand.

The applicant did not appeal and, on 15 Feb 01,  the  Article  15  was
placed in his UIF.  On 21 Feb 01, the 8th AF  commander  notified  the
applicant he intended to file the Article 15  in  the  applicant’s  HQ
USAF OSR and the Officer Command Selection Record Group.   The  action
was found legally sufficient on 21 Feb 01. On 26 Feb 01, the applicant
provided a statement requesting the Article 15 not  be  filed  in  his
selection records.  According to his statement, he came forward of his
own volition to admit his error and acknowledged the Article 15 was  a
fair and just punishment.

On 2 Mar 01, the 8th Air Force commander  determined  the  Article  15
should be filed in the applicant’s selection records.

The applicant was considered IPZ, but not selected, for  promotion  to
the grade of lieutenant colonel by the CY02B board, which convened  on
12 Nov 02.  He was considered APZ, but  not  selected,  by  the  CY03A
board, which convened on 8 Jul 03.  The Promotion Recommendation Forms
(PRFs) for both boards had an overall recommendation of “Promote.”

The applicant’s Officer Performance Reports  (provided  at  Exhibit B)
for both boards all reflected he met standards. None was a referral or
contained derogatory remarks.  The Article 15 was in his OSR for  both
promotion boards.

On 2 Oct 03, the applicant accepted continuation on active duty to  20
years of active federal military service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFLSA/JAJM notes the applicant does not  contest  the  merits  of  the
Article 15, nor is there any apparent error or  injustice  related  to
it.  Whether the Article 15 is removed from the applicant’s  OSR  and,
if so, on what effective date,  is  a  matter  best  resolved  by  the
personnel community. It does appear the  applicant’s  commanders  both
agree to the removal of the Article 15 from the applicant’s  OSR  with
an effective date prior to the CY03A selection board.  The Article  15
was removed from the  applicant’s  UIF,  which  was  believed  by  all
involved to have also had the same effect on the OSR.  JAJM defers  to
the personnel community  regarding  the  retroactive  removal  of  the
Article 15.

A complete copy of the evaluation is at Exhibit D.

HQ  AFPC/DPPPO  notes  eligible  officers  are  provided  an   Officer
Preselection Brief (OPB) approximately 100 days  prior  to  a  board’s
convening date, as well as  an  instruction  sheet  outlining  how  to
correct discrepancies  prior  to  the  start  of  a  promotion  board,
including removing Article 15s and Letters of Reprimand from the  OSR.
In the applicant’s case, he received the instruction sheet in Feb  03.
They do not support promotion reconsideration since the applicant  has
not demonstrated “reasonable diligence” in  accordance  with  AFI  36-
2501.  The applicant provides no rationale for why he did  not  follow
through with his intention to petition for removal prior  to  his  APZ
consideration. Had he requested a copy of his records or reviewed them
prior to the board, he would  have  had  sufficient  time  to  request
removal of the Article 15.  Based on the above, denial is recommended.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant contends he sincerely  believed  the  procedure  he  was
pursuing, a process of  ensuring  the  UIF  was  vacated  and  thereby
affecting the presence of the Article 15 punishment in  the  OSR,  was
the correct course of action.  He was not unique in  this  belief,  as
was pointed out in the last paragraph of  page  2  of  the  AFLSA/JAJM
advisory.  While his efforts were mistaken, he disagrees that they can
be characterized as “lack  of  diligence.”   He  had  his  commander’s
direct involvement and they both believed the  course  he  was  taking
would   resolve   the   matter.    Ultimately   he   understands   the
responsibility falls directly on him, and it is not his  intention  to
evade that responsibility.  He simply asks his request  be  considered
based not only on his sincere efforts to correct the OSR, but also  on
the endorsement of both his commander and the reviewing authority.


A complete copy of the applicant’s response is at Exhibit F.

_________________________________________________________________

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 error or injustice to warrant removing the Article 15
from his OSR effective prior to the CY03A selection board and granting
him SSB consideration for that board.  The  applicant’s  senior  rater
and immediate commander support his appeal to remove  the  Article  15
from his  OSR  before  his  APZ  consideration  by  the  CY03A  board.
Moreover, they endorse his contention of  being  incorrectly  informed
that removing the Article 15 from his UIF would also purge it from his
OSR.  We are persuaded the applicant  exercised  reasonable  diligence
and all involved reasonably believed the UIF action  would  result  in
the Article 15 being removed before his APZ consideration.  We have no
basis to  question  the  integrity  of  the  officers  supporting  the
applicant’s request, and therefore recommend his records be  corrected
as indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to the APPLICANT, be corrected to show that  the  Article  15
imposed on him on 9 February 2001 was removed from his HQ USAF Officer
Selection Record and Officer Command Selection Record Group  effective
1 July 2003.

It is further recommended that he be considered for promotion  to  the
grade of lieutenant colonel by  a  Special  Selection  Board  for  the
Calendar Year 2003A Lieutenant Colonel Selection Board.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 22 September 2004 under the provisions of AFI 36-
2603:

                 Mr. Robert S. Boyd, Panel Chair
                 Ms. Martha J. Evans, Member
                 Mr. Alan A. Blomgren, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence relating to AFBCMR  Docket  Number  BC-
2004-01254 was considered:

   Exhibit A.  DD Form 149, dated 14 Apr 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFLSA/JAJM, dated 18 Jun 04.
   Exhibit D.  Letter, HQ AFPC/DPPPO, dated 28 Jul 04, w/atch.
   Exhibit E.  Letter, SAF/MRBR, dated 6 Aug 04.
   Exhibit F.  Letter, Applicant, dated 1 Sep 04.




                                   ROBERT S. BOYD
                                   Panel Chair




AFBCMR BC-2004-01254



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 Article 15 imposed
on him on 9 February 2001 was removed from his HQ USAF Officer
Selection Record and Officer Command Selection Record Group effective
1 July 2003.

      It is further directed that he be considered for promotion to
the grade of lieutenant colonel by a Special Selection Board for the
Calendar Year 2003A Lieutenant Colonel Selection Board.





               JOE G. LINEBERGER

               Director

               Air Force Review Boards Agency