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AF | BCMR | CY2006 | BC-2006-02500
Original file (BC-2006-02500.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  BC-2006-02500
            INDEX CODE:  126.00
      XXXXXXX                     COUNSEL:  NONE

                                  HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  20 FEBUARY 2008
__________________________________________________________________

APPLICANT REQUESTS THAT:

The Unfavorable Information File (UIF) located in  his  Reserve  record  be
removed.
__________________________________________________________________

APPLICANT CONTENDS THAT:

He never received a UIF and was honorably separated  because  of  his  non-
promotion to a permanent position.  Applicant has a deep desire to continue
to serve in the Air Force and has been offered an opportunity to  join  the
active Reserves at Los Angles Air Force Base.   Applicant  states  the  UIF
must be removed from his record before he can be  considered  for  such  an
appointment.  Applicant further states if an UIF had  been  implemented  on
him it would have been removed after two years.  He states it has been  one
year and nine months since he left the active Air Force and such a  removal
would seem to be in the best interest of both himself and the Air Force.

In support of the application, the applicant submits a copy of his DD  Form
214, Certificate of Release or Discharge from Active Duty.

His complete submission, with attachments, is at Exhibit A.

__________________________________________________________________

STATEMENT OF FACTS:

Data extracted from the Personnel Data System reflects that on 1 June 1994,
applicant was appointed as a second lieutenant in the Air Force and  on  18
February 2005 he was involuntary released with an honorable discharge.

The AF Form 3070, Record of Nonjudicial Punishment  Proceedings  signed  by
the applicant on 3 January 2005 states the nonjudicial  punishment  actions
would be filed in applicants UIF.

__________________________________________________________________




AIR FORCE EVALUATION:

HQ ARPC/DPA recommends denial.  DPA states the applicant’s record indicates
he has a UIF with an expiration date of 2 January  2007.   In  addition,  a
review of the  applicant’s  records  shows  he  signed  the  AF  Form  3070
acknowledging establishment of the UIF. The UIF does exist and  there  were
no errors found with the applicant’s punishment, therefore, they  recommend
no relief be granted.

A complete copy of the HQ ARPC/DPA evaluation is at Exhibit B.

__________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant  on  22
September 2006 for review and comment within 30 days.   As  of  this  date,
this office has received no response (Exhibit C).

__________________________________________________________________

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 an error or injustice that would warrant his UIF being removed
from his Reserve record.   We  took  notice  of  the  applicant’s  complete
submission in judging the merits of the case, however; we  agree  with  the
opinion  and  recommendation  of  the   Air   Force   office   of   primary
responsibility and adopt its rationale as the basis for our conclusion that
the applicant has not been the victim of an error or injustice.  Therefore,
in the absence of evidence to the contrary, we find no compelling basis  to
recommend granting the relief sought in this application.

__________________________________________________________________

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 BC-2004-
02500 in Executive Session on 24 October 2006, under the provisions of  AFI
36-2603:

                 Mr. Jay H. Jordan, Panel Chair
                 Ms. Josephine L. Davis, Member
                 Mr. Alan A. Blomgren, Member


The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 August 2006, w/atchs.
    Exhibit B.  Letter, Hq ARPC/DPA, dated 18 September 2006.
    Exhibit C.  Letter, SAF/MRBR, dated 22 September 2006.




                                   JAY H. JORDAN
                                   Panel Chair



                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC



[pic]

Office of the Assistant Secretary

AFBCMR
1535 Command Dr, EE Wing, 3rd Flr
Andrews AFB MD 20762-7002

XXXXXXX

XXXXXXX


XXXXXXX


Dear XXXXXXX

      Reference your application, AFBCMR BC-2006-02500 submitted under the
provisions of AFI 36-2603 (Section 1552, 10 USC).

      After careful consideration of your application and military records,
the Board determined that the evidence you presented did not demonstrate
the existence of material error or injustice.  Accordingly, the Board
denied your application.

      You have the right to submit newly discovered relevant evidence for
consideration by the Board.  In the absence of such additional evidence, a
further review of your application is not possible.

      BY DIRECTION OF THE PANEL CHAIR





                                                       GREGORY E.
JOHNSON
                                                             Chief
Examiner
                                                 Air Force Board
for Correction
                                                       of Military
Records

Attachment:
Record of Board Proceedings

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