RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03518
INDEX CODE: 111.02
XXXXXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 29 August 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
The Letter of Admonishment (LOA) be removed from his records.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The accuracy of the LOA allegations is questionable, several allegations
have already been dismissed, and information contained in the LOA indicates
a clear injustice has been made against him.
In support of his request, the applicant submits a personal statement and
copies of the LOA and the Office of Inspector General (IG) Investigation.
The applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on active duty in the grade of colonel
with a date of rank of 1 November 2000. The Military Personnel Database
(MilPDS) indicates the applicant has a Total Active Federal Military
Service Date and a Total Active Federal Commissioned Service Date of 19
April 1978.
An IG Investigation Report, dated 22 September 2003, indicates that three
of five allegations were substantiated against the applicant as stated:
Allegation 1: Applicant improperly traveled on temporary duty (TDY)
between June 2002 and June 2003 without a valid reason in violation of the
Joint Federal Travel Regulation (JFTR), paragraphs U2000. Finding:
Substantiated
Allegation 2: Applicant improperly used government time and
resources to conduct TDY travel for personal gain from June 2002 to June
2003, a violation of the JFTR, Paragraphs U2000 and U2010. Finding:
Substantiated
Allegation 3: Applicant deceived the government between July 2000 and
June 2003 when he failed to return housing allowance received in excess of
actual housing cost in violation of the JFTR, paragraph U9011 and Appendix
K. Finding: Not Substantiated
Allegation 4: Applicant deceived the government between February 2003
and March 2003 when he improperly extended his TDY to Pristina, Kosovo to
wrongfully claim two months of Combat Zone Tax Exclusion pay in violation
of the Joint Ethics Regulation, DoD 5500.7-R, Section 3, paragraph 12-300
and Section 5, paragraph 12-500-501. Finding: Not Substantiated
Allegation 5: Applicant made improper claims for multiple TDYs
between August 2002 And January 2003 in violation of the Uniformed Code of
Military Justice, Article 132, Frauds against the United States. Finding:
Substantiated
On 1 December 2003, the applicant received a LOA for improperly traveling
to Hurlburt Field, Florida; Athens, Georgia; and Rhein Main Air Base,
Germany without a valid official reason. On 5 December 2003, the applicant
acknowledged receipt of the LOA and elected not to submit comments for
consideration.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSO recommends denying the applicant’s request to remove his LOA.
DPSO states the LOA was administered in accordance with Air Force
Instruction 36-2907 and caused no error or injustice by the Air Force. The
IG report, dated 22 September 2003, confirmed the allegations listed in the
LOA that the applicant did, in fact, travel without valid official reasons
and made improper claims for gas while in leave status.
The AFPC/DPSP 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 2
February 2007 for review and comment within 30 days. As of this date, this
office has received no response.
_________________________________________________________________
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 an error or injustice. Applicant’s contentions are duly
noted; however, we find no evidence of error in this case and after
thoroughly reviewing the documentation that has been submitted in support
of the applicant's appeal, we do not believe he has suffered from an
injustice. Therefore, based on the available evidence of record, we agree
with the opinion and recommendation of the Air Force office of primary
responsibility and adopt their rationale as the basis for our conclusion
that the applicant has not been the victim of an error or injustice. 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 this application in Executive
Session on 15 March 2007, under the provisions of AFI 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Mr. Gregory A. Parker, Member
Ms. Maureen B. Higgins, Member
The following documentary evidence was considered in connection with AFBCMR
Docket Number BC-2006-03518:
Exhibit A. DD Form 149, dated 8 Nov 06, w/atchs.
Exhibit B. Letter, AFPC/DPSO, dated 10 Jan 07.
Exhibit C. Letter, SAF/MRBR, dated 2 Feb 07.
CHARLENE M. BRADLEY
Panel Chair
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