RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2004-01239
                                        INDEX CODE:  111.01
                                        COUNSEL:  Mr. Joseph W. Kastl

                                        HEARING DESIRED:  Yes

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Letters of Reprimand (LORs) dated 23 January 2003 and 17 July 2003,  the
Involuntary Separation Letter dated 24 March 2003 and the  referral  Officer
Performance Report (OPR) for the period  ending  1 August  2003  be  removed
from his records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His active duty military career was impeccable for more than 16 years  until
he  unintentionally  crossed  swords  with  a  Unit  Reserve   Air   Reserve
Technician  Commander  who  was  his  supervisor.   Soon  thereafter,  minor
administrative issues arose  from  an  inadequately  trained  administrative
staff, interpretations of directives,  and  differences  of  opinion.   They
were blown out of proportion  and  treated  as  misdemeanor  crimes.   These
issues should have been resolved through proper guidance, solid  leadership,
and management acumen, but, instead, he was issued two LORs and  a  referral
OPR,  filled  with  untrue  allegations.   Ultimately  he  was   involuntary
released from Reserve active duty.

He  has  demonstrated  leadership   ability,   impeccable   integrity,   and
experience in balancing the mission’s requirements with the  capability  and
needs of  people.   Once  these  adverse  documents  are  removed  from  his
military records, he will be  immediately  considered  for  extended  active
duty under the Pilot Return to Active Duty Program.

In support of  his  request,  applicant  submits  counsel’s  brief  with  16
attachments, The applicant’s submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant, a Reserve  officer  serving  on  extended  active  duty,  was
involuntarily released from his Active Guard Reserve  tour  and  transferred
to the Air  Force  Reserve,  effective  15  August  2003  in  the  grade  of
lieutenant colonel, with a separation code of LND (Involuntary Release  From
Active Duty or transfer (Miscellaneous Reasons).  He had served 2 years,  11
months and 15 days on extended active duty.  He was credited with 13  years,
8 months and 15 days of prior active duty service.  He is currently  serving
as an Individual Mobilization Augmentee in the grade of lieutenant colonel.

The applicant’s  Officer  Performance  Reports  (OPRs)  beginning  with  the
rating period 8 December 1997 and  ending  on  30  September  2002  indicate
overall ratings of “Meets Standards.”  The OPR  for  the  period  1  October
2002 through 1 August 2003 (contested report) was a referral report.

A Commander Directed Report of Investigation (CDI)  was  completed  pursuant
to allegations raised by an anonymous  complainant  against  the  applicant.
The six specific allegations  were:   the  applicant  wrongfully  allowed  a
reservist to work for the airlines and be  on  31-day  orders  at  the  same
time; wrongfully allowed  subordinates  to  attend  a  conference  in  their
hometown and stay at a local hotel; falsely represented to Randolph  housing
personnel  that  a  reservist  had  been  promoted  to   E-7,   to   procure
preferential housing to which the individual was  not  entitled;  wrongfully
purchased fitness equipment to  create  a  “mini-fitness”  facility  without
obtaining proper approval; made insubordinate comments  in  a  public  forum
regarding a senior officer; or verbally abused  personnel  in  his  command.
An investigating officer, appointed by the  numbered  Air  Force  commander,
conducted an investigation during the period 17 December 2002 to  3  January
2003.  The investigating officer concluded that all of the allegations  were
substantiated.  The investigating officer’s  conclusions  were  subsequently
reviewed by legal  authorities  and  approved  by  the  numbered  Air  Force
Commander.

On 23 January 2003, the applicant received  an  LOR  based  on  the  Command
Directed Investigation that indicated he demonstrated  gross  mismanagement,
inappropriate conduct, poor judgment and lack of integrity.  In addition,  a
UIF was established and the LOR was filed therein.  The applicant  submitted
a rebuttal on his own behalf.

On 17 July 2003, the applicant received an LOR  based  on  an  investigation
(no documentation available on this investigation)  that  disclosed  between
on or about 19 December  2002  and  on  or  about  27  January  2003,  while
assigned as the commander, he took adverse  actions  against  a  subordinate
member of his flight, subsequent to  his  lodging  allegations  against  the
applicant for misappropriation of funds,  slander,  behavior  unbecoming  an
officer and falsifying government  documents.   The  applicant  submitted  a
rebuttal on his own behalf.

The remaining relevant facts pertaining to this appeal are contained in  the
official documents provided in the applicant’s submission  (Exhibit  A)  and
at Exhibit B.

_________________________________________________________________
AIR FORCE EVALUATION:

AFRC/DPM  recommends  the  application  be  denied.   DPM  states  that  the
applicant’s commander followed all guidelines and the appropriate  chain-of-
command was followed relating to the LORs dated 23 January 2003 and 17  July
2003.  However, DPM states that a Change of Reporting Official (CRO)  should
have been accomplished when the applicant  was  reassigned  (13  May  2003).
Any events mentioned on the OPR that occurred after 13 May 2003, namely  the
second LOR should be deleted from the contested  OPR.   DPM  recommends  the
referral OPR not be removed,  however,  recommends  changing  the  close-out
date of the OPR to 13 May 2003; changing number of days supervision  to  225
days, deleting last bullet from Section IV concerning the second  LOR  dated
17  July  2003;  and  deleting  4th  bullet  from  Section   VI   concerning
applicant’s attempt to destroy an individual’s career.  The  DPM  evaluation
is at Exhibit C.

ARPC/JA recommends  that  the  “Notification  of  Involuntary  Release  from
Active Guard Reserve Tour” letter dated 24 March 2003 be  removed  from  the
applicant’s record.  JA states the applicant was released from the  tour  to
accept the voluntary active duty assignment  thus  the  involuntary  release
letter becomes moot as the conduct of the command is inconsistent  with  its
recommendation and the  basis  therefore.   The  ARPC/JA  evaluation  is  at
Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responds that the redress offered falls short of  the  mark.   The
LOR dated 17 Jul 03 must be removed since there was no  legal  authority  to
issue this LOR.  The referral OPR is fatally biased and does not portray  an
accurate picture of his performance and potential.   This  is  confirmed  by
the fact that his  current  commander  and  previous  commanders  rated  his
performance as exemplary and his potential as unlimited.  The LOR  dated  23
Jan 03, was based in part on post-LOR unsolicited discussions  with  certain
member in his unit.   His  commander  failed  to  provide  these  additional
allegations regarding his alleged lack of integrity.  This denied his  right
to completely rebut the LOR.  The Involuntary  Separation  Letter  dated  24
Mar 03 was made invalid by his orders dated 23 May 03.  Applicant’s  letter,
with attachment, 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 with respect to the removal  of  the  Letter
of Reprimand dated 17 July 2003, the Involuntary Separation Letter dated  24
March 2003 and the referral Officer Performance Report (OPR) for the  period
ending 1 August 2003.  The Board notes the recommendation by the  office  of
Military Personnel Division regarding the  removal  of  the  contested  OPR;
however, we believe the OPR cannot be made fair by excising a few  line  and
changing the dates.  We concur with the  applicant’s  counsel  that  the  17
July 2003 LOR is invalid because it was issued  by  an  erroneous  chain  of
command; further, it appears the applicant was denied timely access  to  the
IG investigation upon which the LOR was based, thereby impeding his  ability
to make a rebuttal.  Due  to  the  LOR,  a  referral  OPR  was  accomplished
thereby creating an inaccurate assessment  of  his  record.   Therefore,  we
believe  that  the  LOR  and  OPR  should  be  removed  from  his   records.
Additionally, we believe the Involuntary Separation Letter  should  also  be
removed from his record and his separation code  indicating  an  involuntary
release from active duty should  be  changed.   In  this  regard,  defer  to
ARPC/JA’s rationale that the applicant was released from his tour to  accept
the voluntary  active  duty  assignment  thereby  rendering  the  separation
letter invalid.

4.  Insufficient relevant evidence has  been  presented  to  demonstrate  an
existence of an error or injustice  as  it  relates  to  the  LOR  dated  23
January 2003.  No evidence has been provided  showing  to  our  satisfaction
that the Commander Directed Investigation was  procedurally  incorrect,  the
evidence considered by  the  Investigating  Officer  was  erroneous  or  the
investigation was technically flawed.  Accordingly, in  view  of  the  above
and absent evidence by  the  applicant  showing  his  commander  abused  his
discretionary authority, we agree with  the  assessment  of  the  Air  Force
office of primary responsibility find no basis  to  favorably  consider  the
applicant’s request to remove the January 2003 LOR from his record.

5.  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 issues involved.  Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that:

       a.  The  Field  Grade  Officer  Performance  Report,  AF  Form  707A,
rendered for the period 1 October  2002  through  1  August  2003,  and  the
Letter of Reprimand, dated 17 July 2003, declared void and removed from  his
records.

      b.  All documents and references to the  Notification  of  Involuntary
Release from Active Guard Reserve Tour,  dated  24 March  2003  be  declared
void and removed from his records and his records show  he  was  voluntarily
released from active duty by  reason  of  “Secretarial  Authority,”  with  a
separation code of MFF, rather than LND.

_________________________________________________________________

The following members  of  the  Board  considered  this  application  AFBCMR
Docket Number BC-2004-01239 in Executive Session on 18 January  2005,  under
the provisions of AFI 36-2603:

                 Mr. Robert S. Boyd, Panel Chair
                 Ms. B J White-Olson, Member
                 Mr. Lanny Cawthon, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 Apr 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFRC/DPM, dated 27 May 04, w/atchs.
    Exhibit D.  Letter, ARPC/JA, dated 25 Jun 04, w/atch.
    Exhibit E.  Letter, SAF/MRBR, dated 24 Sep 04.
    Exhibit F.  Letter, Applicant, dated 20 Oct 04, w/atch.
    Exhibit G.  Commander Directed Investigation, dated
                3 Jan 03, w/atchs (withdrawn).





                                   ROBERT S. BOYD
                                   Panel Chair


AFBCMR BC-2004-01239




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 XXXXXXXXXXXX, be corrected to show that:

            a.  The Field Grade Officer Performance Report, AF Form 707A,
rendered for the period 1 October 2002 through 1 August 2003, and the
Letter of Reprimand, dated 17 July 2003, be, and hereby are, declared void
and removed from his records.

            b.  All documents and references to the Notification of
Involuntary Release from Active Guard Reserve Tour, dated 24 March 2003 be,
and hereby are, declared void and removed from his records and his records
show he was voluntarily released from active duty by reason of “Secretarial
Authority,” with a separation code of MFF, rather than LND.







  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency