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AF | BCMR | CY2007 | BC-2006-03518
Original file (BC-2006-03518.doc) Auto-classification: Denied

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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