RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-02665
                                             INDEX CODE:  141.01, 141.05
      XXXXXXXXXXXXXXXXXX                COUNSEL:  NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  29 February 2008


________________________________________________________________

APPLICANT REQUESTS THAT:

Her records be corrected to award her points, pay, and  allowances  for  the
period 22 September 2004-17 January 2006 that she lost due to  a  superior’s
retaliation against her.

________________________________________________________________

APPLICANT CONTENDS THAT:

She was verbally abused by a  colonel  on  22  September  2004  in  that  he
suggested, among other thing,  that  she  retire.   She  filed  a  complaint
against the colonel on 15 November  2004,  and  in  January  2005,  when  it
became apparent that she had not retired, the colonel violated numerous  DoD
Directives and UCMJ articles by having  a  lieutenant  colonel  hand  her  a
vaguely worded, undated memorandum, notifying her that he had suspended  her
access to Top Secret/Special  Compartmental  Information  and  that  he  was
requiring her to make an appointment  with  a  mental  health  professional.
She was not placed on orders for this appointment/requirement.

Due to the verbal abuse on 22 September 2004, and subsequent  request  to  a
lieutenant colonel that she be treated like every move she made  had  to  be
watched closely, she asked that her  29 November  2004  orders  be  revoked.
When her security clearance was suspended, she was unable  to  work  in  her
profession  in  either  a  civilian  or  military  capacity.   Due  to  this
situation and the fact that her security clearance was not reinstated  until
1 November 2005, she was unemployed for over a year.

Documents she has submitted  with  her  application  confirm  there  was  no
reason to suspend her security clearance  or  to  require  her  to  make  an
appointment with a mental health professional.  Additionally, documents  she
has submitted with her application confirm that the colonel’s  actions  were
inappropriate and uncalled for.

Given the facts,  there  is  only  one  logical  conclusion  –  the  colonel
retaliated against her.  His negligence by not placing her on  medical  hold
orders and his actions against her caused her to  lose  out  on  tours  that
would have provided her with pay, allowances, and points.

In support of the appeal, she has submitted an undated  personal  statement,
copies of a Memo For Record, dated 23 September 2004,  an  e-mail  from  the
United States Central Command (USCENTCOM) AF Reserve Program Manager,  dated
16  November  2004,  an  undated  Notification  of  Suspension   of   Access
memorandum she alleges to have received on 31 January 2005,  e-mail  traffic
from 25 February 2005 through 28 May 2005, a draft e-mail from a  Doctor  in
J2 Operations Division, dated 3 February 2006, a Memorandum for Record  from
the Deputy OIC, CICS San  Diego,  dated  3  February  2006,  a  synopsis  of
alleged Evidence of Conspiracy and Collusion between the authors  of  the  3
February 2006 e-mail and 3 February 2006 Memorandum for Record,  an  article
from the Tampa Tribune  titled  “Reserve  Colonel  Ushered  Out  of  CENTCOM
Office”, dated 24 June 2006, a memorandum from  the  USCENTCOM  Director  of
Intelligence, dated 23 June 2006, and an  article  from  the  Tampa  Tribune
titled “Central Command Official Resigns”, dated 4 August 2006.

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

________________________________________________________________

STATEMENT OF FACTS:

Applicant  is  USAFR  Individual  Mobilization  Augmentee  (IMA).   She   is
currently serving in the grade of  chief  master  sergeant  (E-9),  and  has
completed 28 years, 9 months, and 25 days  of  satisfactory  service  for  a
Reserve Retirement as of 22 January 2006.

Her security clearance was suspended which  precluded  her  from  performing
duty during the period 22 September 2004-17 January 2006.  An  investigation
was conducted under the direction of USCENTCOM Intelligence  Division.   The
investigation determined that there was not an  adequate  basis  to  support
either the  mental  health  referral  or  the  suspension  of  her  security
clearance.

________________________________________________________________

AIR FORCE EVALUATION:

AFRC/A1B recommends denial.  After  careful  review,  they  were  unable  to
determine the dates the applicant should receive pay and points  for  missed
TDYs  during  the  period  requested.   They  contacted  her  and  requested
specific dates (length) of TDYs to  be  considered;  however,  she  did  not
respond with adequate dates to allow them to make a determination.


The AFRC/A1B evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was  forwarded  to  the  applicant  on  17
November 2006, for review and comment, within 30 days.  She responded on  29
November 2006, and provided an e-mail trail between herself  and  AFRC/A1BR.
In their final e-mail,  dated  29 September  2006,  they  stated  that  they
needed the dates of specific TDYs she was denied.  In her final response  to
them, dated 30 October 2006, she  stated  that  she  was  not  sure  how  to
determine exactly  the  amount  of  time  and  compensation  she  should  be
entitled to.  Even though she could have been on orders for  365  days  with
CENTCOM, she had originally planned to do her annual tour  and  her  drills,
and then start an assignment with CENTCOM  from  29  November  2004  through
30 September 2005.  When it was clear to her that the colonel was  going  to
harass her, she decided to seek an assignment  in  a  different  directorate
and assignment with an organization  other  than  CENTCOM.   She  reiterated
that she could have done a tour of up to 365  days  with  CENTCOM,  and  the
tour length would have been 179  days  for  the  other  organizations.   She
closed with a statement that there was also a  period  of  time  she  should
have been on medical hold orders, and the fact that her  security  clearance
was not restored until 1 November 2005.  While her  security  clearance  was
suspended, she was unable to work in her profession  as  a  civilian  or  on
military orders.

Applicant’s complete response, with attachments, is at Exhibit E.

On 28 December 2006, applicant was also  given  an  opportunity  to  provide
AFBCMR/MRBC  with  documentation  to  more  clearly  define   exactly   what
compensation/tours she feels she is entitled to. She responded  with  an  e-
mail, dated 15 February 2007, stating she was having  a  hard  time  getting
documentation to provide  the  information  concerning  the  assignment  she
missed out on in 2005, and that she had received  one  vague  response,  but
nothing that indicated when that assignment would have started and how  long
it would have been.

Applicant’s complete response is at Exhibit G.

On 30  May  2007,  she  was  given  an  additional  opportunity  to  provide
documentation to more clearly define  exactly  what  compensation/tours  she
feels she is entitled to; however, 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 an injustice that warrants granting applicant  partial  relief.
Evidence has been presented that during  the  period  September  2004  until
sometime in January 2006, her security clearance  was  improperly  suspended
and that precluded her from performing duty and earning  retirement  points.
A subsequent investigation  was  conducted  that  determined  there  was  no
adequate basis to support either the suspension of  her  security  clearance
or a mental health evaluation she was also directed to undergo  during  this
period.  While the Board recognizes she was  also  unable  to  perform  duty
which would have entitled her to pay as well as retirement points,  she  has
not furnished documentation to substantiate specific tours of duty  she  was
deprived from performing.  Since the  2001  National  Defense  Authorization
Act limits the maximum inactive duty points creditable toward retirement  to
90 points in any one year of service, to include  the  15 membership  points
which are  annually  awarded  to  members  for  maintaining  active  Reserve
status, we recommend that her records be corrected to the  extent  indicated
below in order to partially resolve any injustice.   If  the  applicant  can
produce documentation  to  substantiate  specific  tours  of  duty  she  was
deprived from performing, we will reconsider her application.

________________________________________________________________

THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that she was  awarded  an  additional  43
non-paid inactive  duty  points  during  the  Retention/Retirement  Year  23
January  2004  through  22 January  2005,  and  an  additional  13  non-paid
inactive duty points during the Retention/Retirement Year  23  January  2005
through 22 January 2006.
________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2006-02665
in Executive Session on 20 June 1977, under the provisions of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Mr. Wallace F. Beard, Jr., Member
                       Mr. Alan A. Blomgren, Member



The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Aug 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFRC/A1B, dated 12 Oct 06.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Nov 06.
    Exhibit E.  Letter, Applicant, dated 29 Nov 06, w/atchs.
    Exhibit F.  Letter, AFBCMR, dated 28 Dec 06.
    Exhibit G.  E-mails, Applicant and AFBCMR, dated 15/16 Feb
                07 and 30 May 07.




                                   THOMAS S. MARKIEWICZ
                                   Chair


AFBCMR 2006-02665




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 XXXXXXXXXXXXXXX, be corrected to show that she  was  awarded  an
additional 43 non-paid inactive duty points during the  Retention/Retirement
Year 23 January 2004 through 22 January 2005, and an additional 13  non-paid
inactive duty points during the Retention/Retirement Year  23  January  2005
through 22 January 2006.

.










  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency