RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-03715
		INDEX CODE: 100.06, 100.03
		COUNSEL:  NONE
		HEARING DESIRED: YES

________________________________________________________________
_

APPLICANT REQUESTS THAT:

She receive a reenlistment (RE) code that would enable her to 
reenlist in the Air Force or at least, in the Air National Guard 
(ANG) and that the following be removed from her record:

	1. A letter of counseling (LOC) dated 27 November 2006.

	2. A letter of reprimand (LOR) dated 8 March 2007.

	3. An Article 15, with corresponding Unfavorable Information 
File (UIF), dated 25 April 2007.

	4. An LOR, placed in her (UIF) dated 1 May 2007. 

	5. A referral enlisted performance report (EPR) for the period 
ending 2 July 2007.

	6. Establishment of a Control Roster on 8 July 2007.

________________________________________________________________
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APPLICANT CONTENDS THAT:

She was suffering from a medical condition when she received the 
LOC upon return from a deployment.  She was under a medical 
profile when she received both LORs and she believes they were 
issued to her for personal reasons anyway.  The Article 15 she 
received was unfair and due to extenuating circumstances as well 
as issued to her for personal reasons.  The UIF and her 
placement on the Control Roster were both due to reprisal from 
her commander after she had contacted her congressman.  The 
referral EPR she received was influenced by her commander.

She has served in the Air Force for over nine years and has 
served proudly without ever having received any disciplinary 
action against her until 27 November 2006.  After returning from 
a deployment in October 2006, she continued to experience a 
delayed sleeping disorder that prevented her from sleeping at 
night and contributed to her not being able to arrive on time 
for her Boot Camp (physical training) sessions.  Concurrently, 
she had been experiencing several problems of a personal nature 
involving the suicide of one close friend prior to her 
deployment and the murder of another friend early in her 
deployment as well as being expected to provide care for an 
extremely ill grandfather with cancer and her ill mother.  She 
tried to find a way to get home from her deployed area but was 
unsuccessful.  The Red Cross became involved on behalf of her 
grandfather but she was still ultimately unable to get home.  
She began experiencing sleeping problems at her deployed 
location and the problems persisted after she returned to her 
base.  When she missed her first Boot Camp appointment and 
received the 27 November 2006 LOC, she was encouraged to make a 
medical appointment to address her sleep issues.  She also met 
with personnel at Life Skills.  While she kept her enlisted 
chain of command updated on her progress, her commander was not 
informed of her seeping disorder.  She was late to a 0545 Boot 
Camp and received an LOR dated 8 March 2007.  She finally 
received a profile for her sleep disorder but not until 13 March 
2007, about a week after her LOR.  On 15 May 2007, she received 
an Article 15 for disrespecting her commander during a meeting.  
She was fined $500 and reprimanded.  The Article 15 was placed 
in a UIF along with the LOR.  She missed a consequent Boot Camp 
on 29 May 2007 and was issued another LOR.  She was also put on 
the Control Roster for failure to go.  She states she even slept 
through her promotion testing and her commander did not allow 
her to make it up.  She submitted a rebuttal to her Article 15 
within the allotted time to do so but her appeal was denied.  
She submitted a letter to her congressman at which time the 
Inspector General (IG), on 6 July 2007, sent her commander an 
inquiry regarding the letter to her congressman.  On 8 July 
2007, her commander signed her LOR, UIF, and control roster 
paperwork and gave her a copy.  On 17 July 2007, she filed a 
reprisal complaint with the AMC IG.  Also on 17 July 2007, she 
received a “3” on what was a referral OPR due to her Article 15.  
She states her supervisor told her he was recommending a “4” but 
was overruled by her commander.  She wished to appeal the EPR 
and was assigned an Area Defense Counsel (ADC).  

In support of her appeal, the applicant has provided a personal 
statement and several letters of support from former supervisors 
and peers, pertinent email trails, excerpts from her UIF, copies 
of her reprisal allegations, regular leave paperwork, her 
referral EPR and associated paperwork, excerpts from her visits 
with the Life Skills office and associated physical profile 
documentation, and copies of the LOC and LOR’s.

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

________________________________________________________________
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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 6 May 1998.  She 
was progressively promoted to the grade of staff sergeant (SSgt) 
effective and with a date of rank (DOR) of 1 May 2003.  On 
27 November 2006 she received a letter of counseling (LOC) for 
failure to go.  She had been scheduled to attend a physical 
training (PT) session on 21 November 2006 by her commander and 
had failed to show up.  On 8 March 2007, she was issued a letter 
of reprimand (LOR) for failure to go.  She was scheduled for 
mandatory PT on 7 March 2007 and was late.  She went to the Life 
Skills clinic and was diagnosed with a mood disorder and a 
Circadian Rhythm Sleep Disorder.  She was placed on a physical 
profile from 13 March 2007 through 14 July 2007 that recommended 
she not work night shifts, nor any 12 hour shifts and she be 
placed in a duty position that would allow her a full night’s 
sleep.  Further, the physical profile, in view of her sleep 
disorder, recommended she be allowed some flexibility on arrival 
times and that she be assessed prior to the administration of PT 
to ensure she had received adequate sleep the night before.  She 
was also prescribed an anti-depressant for her mood disorder 
which has drowsiness as a side effect.  On 25 April 2007, she 
was issued an Article 15 for showing disrespect toward a 
superior commissioned officer.  Her commander also initiated an 
Unfavorable Information File (UIF).  She appealed the Article 15 
and on 13 May 2007, her appeal was denied.  The punishment she 
received as a result was forfeiture of $500 and a reprimand.  
She was placed on a control roster (CR) on 8 July 2007.  A CR is 
a rehabilitative tool used by commanders to establish a six-
month observation period for individuals whose duty performance 
is substandard or who fail to meet or maintain Air Force 
standards of conduct, bearing, and integrity, on or off duty.  
On or about 17 July 2007, she received an EPR covering the 
period from 3 July 2006 through 2 July 2007.  As the EPR 
mentioned the Article 15 she received, it was considered a 
referral EPR.  While she contends she received the EPR on the 
same day she submitted an IG complaint for reprisal and alleged 
coercion of her rater by the commander, she did not file an 
appeal with the Evaluation Reports Appeals Board (ERAB) within 
the time allotted her to do so.  She was discharged on 
25 November 2007 after serving 9 years, 6 months, and 25 days of 
active service.  She was issued an RE code of 2X, “First-term, 
second-term, or career airman considered but not selected for 
reenlistment under the SRP.”  As she was serving under the 
Control Roster at the time of discharge, her RE code should have 
been 4I, “Serving on Control Roster.”  

________________________________________________________________
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AIR FORCE EVALUATION:

AFLOA/JAJM addresses the applicant’s request to have her Article 
15 removed and recommends denial.  JAJM states a commander’s 
action should only be set aside when the evidence demonstrates 
an error or a clear injustice.  The applicant has not presented 
evidence of a meaningful error or clear injustice in the Article 
15 process and there is no evidence in the record that her 
commander abused his discretionary authority.

The remaining pertinent legal facts are contained in the 
evaluation at Exhibit C.

AFPC/DPSI addresses her request to have the LOC and LORs removed 
from her record and recommends the BCMR deny her request.  DPSI 
states the use of the LOC and LOR by commanders and supervisors 
is an exercise of supervisory authority and responsibility.  
DPSI notes individuals have three days upon receipt to submit 
rebuttal documents for consideration by the initiator.  She did 
not submit any comments but did mention in her case that she had 
medical issues and projected leave to justify why she failed to 
attend mandatory appointments and meetings.  She has failed to 
provide evidence to support her claim she was unjustly accused 
and DPSI concludes there was no error or injustice on the part 
of the Air Force.

DPSI’s complete evaluation is at Exhibit D.

AFPC/DPSIDEP addresses her request to have the referral EPR 
removed from her record and recommends the BCMR deny her 
request.  Regarding her allegation of coercion between her rater 
and her commander, DPSIDEP states the applicant provided no 
supporting documentation from anyone in her rating chain that 
substantiates her claim of coercion.  DPSIDEP could not find any 
error or injustice in the contested report in that the applicant 
indeed received the Article 15 as stated in the report.  DPSIDEP 
states they are not convinced the rater was coerced or that the 
outcome of the contested report was the result of reprisal.

DPSIDEP’s complete evaluation is at Exhibit E.

AFPC/DPSOA addresses her request that her reenlistment (RE) code 
be changed to a code that would allow her to reenlist in the Air 
Force and recommends the BCMR deny her request.  However, DPSOA 
notes the RE code of 2X she received is, in fact, incorrect.  
Therefore, as she was serving while on a Control Roster, DPSOA 
recommends the BCMR change her RE code from 2X to 4I, “Serving 
on Control Roster.”  In regards to her allegation of reprisal, 
DPSOA states there was no evidence presented to show that the 
commander’s actions were motivated by reprisal.

DPSOA’s complete evaluation is at Exhibit F.

AFPC/JA addresses her assertion that the allegation her 
commander reprised against her has been substantiated.  JA 
states that the only evidence she has provided thus far is a 
letter from HQ AMC/IGQ that does not, in fact, substantiate her 
allegation but only makes a determination that the letter be 
forwarded to the final approval authority concerning the 
determination of reprisal.  Therefore, JA states only that her 
allegations of reprisal are pending and that she will be 
notified of the results upon approval of the investigations 
findings.

AFPC/JA’s complete evaluation is at Exhibit G.

The BCMR Medical Consultant addresses the question of whether or 
not a medical condition could cause some or all of the behavior 
for which the applicant was punished.  The Medical Consultant 
states it is not uncommon to establish a causal and mitigating 
relationship between a given act of misconduct and a medical 
condition.  In this case, he notes the applicant’s diagnosis of 
a Circadian Rhythm Sleep Disorder with a recommendation from her 
health care provider to avoid 12-hour or night shifts and for 
her supervisors to allow some flexibility in her duty arrival 
time.  Medication she had been prescribed carry side effects of 
drowsiness.  Collectively, her Circadian Rhythm Sleep Disorder 
and the medicine she was taking (for a mood disorder), should 
mitigate at least one of her failures to go to her appointed 
place of duty at the prescribed time; particularly if an early 
morning arrival time was required.

The remaining pertinent medical facts are contained in the 
evaluation prepared by the BCMR Medical Consultant at Exhibit H.

________________________________________________________________
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 7 March 2008 for review and comment within 30 days.  
As of this date, no response has been received by this office.

______________________________________________________________

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 warranting 
partial relief.  It appears the applicant was suffering from a 
sleep disorder associated with a circadian rhythm sleep disorder 
and was taking prescribed medication for a mood disorder that 
causes sleepiness.  The sleep disorder and the medication 
coupled with the early hours she was required to keep, all 
contributed to her being late to her physical conditioning 
appointments.  In fact, she received at least two consecutive 
physical profile medical reports as a direct result of her sleep 
disorder and her prescription.  Therefore, based on the BCMR 
medical consultant’s opinion and our extensive review of the 
evidence of record, it is our view that the Letter of Counseling 
(LOC) and Letters of Reprimand (LORs) received with regard to 
physical training should be removed from her record.  The 
Unfavorable Information File (UIF) and the Control Roster (CR) 
action established as a result of her LOC and LORs should also 
be removed.

Regarding her post-application request to change her 
reenlistment eligibility (RE) code to one that would enable her 
to reenlist with the Regular Air Force or with the Air National 
Guard (ANG), allowing her to continue her career, we note that 
the RE code she received at her discharge, (2X – First term, 
second term, or career airman considered but not selected for 
reenlistment under the Selective Reenlistment Program) should 
have been 4I, “Serving on Control Roster”.  However, noting the 
relevancy of the existing RE code of 2X to her situation, we 
choose not to direct a change in her RE Code to 4I.  The RE code 
of 2X is waiverable by any service, Regular or Reserve, willing 
to enlist her.

4.  Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice with regard to 
her request to have the Article 15 dated 25 April 2007 and 
referral EPR she received for the period ending 2 July 2007 
removed from her record.  We note that the ongoing IG 
investigation she cited was closed in January 2008 and that the 
allegations of reprisal and abuse of authority she brought 
against her commander have been dismissed.  Consequently, absent 
compelling evidence indicating otherwise, we can find no 
legitimate reason for removing the Article 15 and the referral 
EPR from her record.  

Therefore and with regard to paragraph three above, we recommend 
that the records be corrected as indicated below.

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 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 letter of counseling (LOC) dated 27 November 2006, 
be, and hereby is, declared void and removed from her records.

	b. The letter of reprimand (LOR) dated 8 March 2007, be, and 
hereby is, declared void and removed from her records.

	c. The letter of reprimand (LOR), dated 29 May 2007, the 
Unfavorable Information File (UIF) and Control Roster (CR) 
action, established as a result of the LOR and any and all 
references thereto, be, and hereby is, declared void and removed 
from her records.

______________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2007-03715 in Executive Session on 7 May 2008, under 
the provisions of AFI 36-2603:

Mr. XXXXXXXXXXXXXX, Chair
Mrs. XXXXXXXXXXXX, Member
Ms. XXXXXXXXXXXXX, Member

All members voted to correct the records, as recommended.  The 
following documentary evidence pertaining to AFBCMR Docket 
Number BC-2007-03715 was considered:

    Exhibit A. DD Form 149, dated 6 November 2007, w/atchs.
    Exhibit B. Applicant's Master Personnel Records.
    Exhibit C. Letter, AFLOA/JAJM, dated 5 December 2007.
    Exhibit D. Letter, AFPC/DPSI, dated 13 December 2007.
    Exhibit E. Letter, AFPC/DPSIDEP, dated 8 January 2008.
    Exhibit F. Letter, AFPC/DPSOA, dated 14 January 2008.
    Exhibit G. Letter, AFPC/JA, dated 28 February 2008.
    Exhibit H. Letter, BCMR Medical Examiner, dated 7 March 
2008.
    Exhibit I. Letter, SAF/MRBR, dated 7 March 2008.




                                   XXXXXXXXXXXXXXXXX
                                   Chair





 DEPARTMENT OF THE AIR FORCE 
WASHINGTON DC 


 
Office Of The Assistant Secretary



AFBCMR BC-2007-03715




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 
APPLICANT, be corrected to show that:

	a. The letter of counseling (LOC) dated 27 November 2006, be, and hereby is, declared 
void and removed from her records.

	b. The letter of reprimand (LOR) dated 8 March 2007, be, and hereby is, declared void and 
removed from her records.

	c. The letter of reprimand (LOR), dated 29 May 2007, the Unfavorable Information File 
(UIF) and Control Roster (CR) action, established as a result of the LOR and any and all 
references thereto, be, and hereby is, declared void and removed from her records.




                                                                            XXXXXXXXXXXX
                                                                            Director
                                                                            Air Force Review Boards Agency