RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02202

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

A Letter of Reprimand (LOR),  with  an  Unfavorable  Information  File
(UIF), dated 27 March 2001, be removed from his records.
_________________________________________________________________

APPLICANT CONTENDS THAT:

The LOR and UIF were inappropriately issued by  the  region  commander
for the alleged actions.  His situation was reviewed by the Air  Force
Office of Special Investigation commander (AFOSI/CC) on 15  June  2001
and the commander determined there was no evidence of  wrongdoing  and
closed the matter.  He would like to join an active Reserve  unit  and
contribute his skills/training.

In support of his request, applicant  submits  a  personal  statement,
copies of his DD Form 214, the cited AFOSI/CC letter and an Affidavit,
dated 28 February 2001.  The  applicant’s  complete  submission,  with
attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is
2 December 1994.  He  was  progressively  promoted  to  the  grade  of
captain, effective and with a date of rank of 23 August 1998.

Applicant’s Military Personnel  Records  (MPR)  did  not  contain  the
LOR/UIF in question.

The following is a resume of applicant’s OPR ratings subsequent to his
promotion to the grade of captain.

            Period Ending    Evaluation

               5 Jun 99      Meets Standards
              17 Sep 99      Education/Training Report

               5 Jun 00      Meets Standards

               6 Oct 00      Education/Training Report

               5 Jun 01 (Referral)      Does Not Meet Standards


On 22 June 2002, the applicant was honorably released from active duty
under the provisions of AFI 36-3207  (completion  of  required  active
service) and transferred to the Air Force Reserve.  He had completed a
total of 7 years, 6 months and 20 days and was serving in the grade of
captain at the time of his separation.

Effective  8  January  2004,  the  applicant  was  assigned   to   the
Nonobligated Nonparticipating Ready Personnel Section (NNRPS); and, on
23 June 2004, he was reassigned to the Inactive  Status  List  Reserve
Section (ISLRS).
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPF recommends the application  be  denied.   DPF  states  the
incident was investigated by  a  higher  commander  and  found  to  be
sufficient.  In addition, the LOR and UIF do not physically  exist  in
the applicant’s record.  The UIF containing the LOR was destroyed upon
the applicant’s separation and the documents are  not  in  his  Master
Personnel Record Group (MPerRG).  DPF indicates the AFOSI/CC  reviewed
the report of investigation involving the applicant’s  misuse  of  his
position  as  a  special  agent  and  noted   the   region   commander
administered an LOR and UIF.  The commander warned the applicant  that
another incident of this or similar nature would result in more severe
disciplinary action and  the  matter  was  closed.   The  HQ  AFPC/DPF
evaluation is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  10
September 2004 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 not  timely  filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the  existence  of  error  or  injustice.   The  applicant’s  complete
submission was thoroughly  reviewed  and  his  contentions  were  duly
noted.   However,  we  do  not   find   the   applicant’s   assertions
sufficiently persuasive to override  the  rationale  provided  by  the
appropriate Air Force office (HQ AFPC/DPF).  Therefore, in the absence
of sufficient evidence that the overall information used  as  a  basis
for the LOR was erroneous or that there was an abuse of  discretionary
authority, we agree with the recommendation of HQ AFPC/DPF  and  adopt
the rationale expressed  as  the  basis  for  our  decision  that  the
applicant has failed to sustain his burden that he has suffered either
an error or an injustice when issued the LOR and UIF.  Accordingly, we
find no compelling basis to recommend removing any  reference  to  the
LOR and UIF from his records.  We note that the LOR  and  UIF  are  no
longer a part of the applicant’s record; therefore, removal of the LOR
and UIF is a moot issue.

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.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________

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  this  application  in
Executive Session on 1 March 2005, under the  provisions  of  AFI  36-
2603:

                  Mr. Charles E. Bennett, Panel Chair
                  Ms. Jan Mulligan, Member
                  Ms. Carolyn B. Willis, Member

The following documentary evidence was considered in  connection  with
AFBCMR Docket Number BC-2004-02202.

   Exhibit A.  DD Form 149, dated 9 Jul 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPF, dated 1 Sep 04.
   Exhibit D.  Letter, SAF/MRBR, dated 10 Sep 04.




                                   CHARLES E. BENNETT
                                   Panel Chair