RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-00909
            INDEX CODE:  111.00, 126.04
            COUNSEL:  NONE
            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE: Sep 25, 2008

_______________________________________________________________

APPLICANT REQUESTS THAT:

His enlisted performance report (EPR) ending 24  Jul  06  be  voided  and
expunged from his records and the suspension of his security clearance be
lifted.

_______________________________________________________________

APPLICANT CONTENDS THAT:

He was a member of the Air Force  Reserves  since  May  91  and  recently
retired after 20 years of service.

The comments in his 2006 EPR were a sudden deviation from previous EPRs.

He was given an administrative demotion, but his EPR does  not  recognize
that the demotion referred was  later  reversed  on  appeal  and  it  was
written while the legal issues were still extant.

In support of his request, applicant provided copies of EPRs, a  copy  of
his demotion notification letter, demotion orders, and letters  reversing
his demotion with Special Orders attached.

The applicant's complete submission, with attachments, is at Exhibit A.

_______________________________________________________________

STATEMENT OF FACTS:

On 4 Aug 06, the applicant was notified of demotion actions  for  failure
to fulfill noncommissioned officer responsibilities.   In  addition,  the
notification  indicated  that  the  applicant’s  forgery  of   government
documents and misconduct resulted in the  suspension  of  his  access  to
classified information/unescorted entry into restricted areas,  and  that
his security clearance had  been  suspended  along  with  access  to  all
government systems to include network and e-mail access.

On 19 Nov 06, the applicant was demoted from technical sergeant (TSgt) to
the rank of staff sergeant (SSgt).

On 25 Feb 07, the applicant retired from the Air Force Reserves.

The applicant appealed his demotion  and  on  6  Mar  07,  the  appellate
authority, 22 AF/CC, approved the  applicant’s  request  to  restore  his
previous grade of  TSgt  and  the  demotion  order  was  revoked  in  its
entirety.

_______________________________________________________________

AIR FORCE EVALUATION:

AFRC/A1B recommends approval of the applicant’s request for expunging his
EPR with a closeout date of 24 Jul 06.  Any actions taken to  demote  the
applicant from TSgt to SSgt were accomplished after the closeout date  of
the EPR.  The applicant submitted appeal documentation for  the  rank  of
TSgt to be restored but before a recommendation could be made he  retired
from the Air Force Reserves.

The ARPC/A1B complete evaluation is at Exhibit B.

AFCAF/PS  has  stated  that  after  a  review  of  the  Joint   Personnel
Adjudication  System   (JPAS),   the   applicant’s   security   clearance
eligibility is coded as “Loss of Jurisdiction,” not suspended.   Loss  of
jurisdiction means an individual no longer works in any capacity for  the
Department of the Air Force; therefore,  the  Air  Force  no  longer  has
jurisdiction over his clearance eligibility.

Should the applicant seek future employment in a  federal  position  that
requires a security clearance, the servicing adjudication facility  would
be responsible for determining security  clearance  eligibility  at  that
time.

The AFCAF/PS complete evaluation is at Exhibit C.

_______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on  8
Jun 07 and 5 Sep 07 for review and comment within 30  days  (Exhibit  D).
As of this date, this office has not received a response.

_______________________________________________________________




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 removal of the applicant’s EPR
closing 24 July 2006.   As such, we agree with the Air  Force  office  of
primary responsibility and adopt their rationale as  the  basis  for  our
conclusion to grant this portion of the requested relief.   Regarding the
applicant’s request concerning his security clearance, we concur with the
recommendation of AFCAF/PS and adopt its rationale as the basis  for  our
conclusion that when an individual no longer works in  any  capacity  for
the Department of the Air Force, the Air Force no longer has jurisdiction
over their security clearance.  Accordingly, it is recommended the record
be corrected as indicated below:

_______________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military  records  of  the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that the Enlisted Performance
Report (AB thru TSgt), AF IMT 910, rendered for the  period  21  December
2004 through 24 July 2006 be, and hereby is, declared  void  and  removed
from his records.

_______________________________________________________________

The following members of the Board considered Docket Number BC-2007-00909
in Executive Session on 16 October 2007, under the provisions of AFI  36-
2603:

      Mr. John B. Hennessey, Panel Chair
      Ms. Dee R. Reardon, Member
      Mr. Jeffery R. Shelton, Member

All members voted to correct the records, as recommended.  The  following
documentary evidence was considered:

     Exhibit A.  DD Form 149, w/atch, dated 12 Mar 07.
     Exhibit B.  Memorandum, HQ AFRC/A1B, dated 4 Jun 07.
     Exhibit C.  Letter, SAF/MRBR, dated 8 Jun 07.
     Exhibit D.  Memorandum, AFCAF/PS, dated 14 Aug 07.
     Exhibit E.  Letter, AFBCMR, dated 5 Sep 07.



                                  JOHN B. HENNESSEY
                                  Panel Chair






    AFBCMR BC-2007-00909






    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:


                  The pertinent military records of the Department  of  the
    Air Force relating to XXXXXXXXX, be corrected to show that the Enlisted
    Performance Report (AB thru TSgt),  AF IMT Form 910, rendered  for  the
    period   21 December 2004 through 24 July  2006,  be,  and  hereby  is,
    declared void and removed from his records.






                                                               JOE G.
      LINEBERGER
                                                               Director
                                                               Air Force
      Review Board Agency