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AF | BCMR | CY2009 | BC-2008-02307
Original file (BC-2008-02307.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-02307
            INDEX CODE:  111.02
      xxxxxxxxxxxxxxx  COUNSEL:  NONE
            HEARING DESIRED:  NOT INDICATED

_________________________________________________________________

APPLICANT REQUESTS THAT:

She receive the appropriate amount of pay and points toward  her  retirement
and she receive a letter of apology.
_________________________________________________________________

APPLICANT CONTENDS THAT:

Her  superintendent  reprised   against   her   for   making   a   protected
communication by not extending her active duty orders on  or  about  29  Sep
06.

In support of her request, applicant provides a copy of the  final  response
to her Inspector General (IG) complaint.

The applicant’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The Military Personnel  Data  System  (MilPDS)  reflects  the  applicant  is
currently serving in the Air Force Reserve in the grade of  staff  sergeant,
having assumed that grade effective and with a date of rank  of  1  Jul  06.
The applicant has been credited with 13 years and 3 months  of  satisfactory
service.

The applicant filed an IG  complaint  containing  one  allegation  that  the
superintendent of the Joint Service Honor Guard (JSHG) reprised against  her
for making a protected disclosure to the Military  Equal  Opportunity  (MEO)
Office.  An  investigation  was  conducted  and  the  investigating  officer
concluded that the applicant’s allegation was unsubstantiated.  The  SAF/IGQ
reviewer disagreed with the analysis concluding that  the  preponderance  of
evidence supports a substantiated finding.  On 4 Sep 07, the  DoD/IG  agreed
with this determination.

_________________________________________________________________

AIR FORCE EVALUATION:

AFRC/A1E recommends approval.  A1E states that based  on  the  substantiated
findings of reprisal, it is reasonable to surmise that the  applicant  would
have been continued on active duty orders during the period 30 Sep 06 to  30
Sep 07.   The complete AFRC/A1E evaluation, with attachments, is at  Exhibit
B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

A copy of the Air Force evaluation was forwarded to the applicant on 22  Aug
08 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 timely filed.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an injustice.  Noting that the IG  investigation  substantiated
reprisal, we find it reasonable to believe the  applicant  would  have  been
continued on active duty orders for the period of 30 Sep 06 to  30  Sep  07.
Therefore, in view of the foregoing, we recommend the applicant's record  be
corrected as indicated below.  With regard to the applicant's request for  a
letter of apology, we advise the applicant that this matter  is  not  within
the purview of this Board and therefore deny this portion of her request.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that:

      a.  She was awarded an additional  62  paid  active  duty  points  for
retention/retirement year 12 March 2006 to 11 March 2007.

      b.  She was awarded an additional 163  paid  active  duty  points  for
retention/retirement year 12 March 2007 to 11 March 2008.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2008-02307
in Executive Session on 24 Sep 08 under the provisions of AFI 36-2603:

                 Ms. Charlene M. Bradley, Panel Chair
                 Mr. Kurt R. LaFrance, Member
                 Ms. Debra K. Walker, Member

All members voted to correct the records  as  recommended.   The  following
documentary  evidence  pertaining  to  Docket  Number   BC-2008-02307   was
considered:

     Exhibit A.  DD Form 149, dated 13 Jun 08, w/atch.
     Exhibit B.  Letter, AFRC/A1E, dated 7 Aug 08, w/atchs.
     Exhibit C.  Letter, SAF/MRB, dated 22 Aug 08
     Exhibit D.  I.G. Report of Investigation, dated 18 Jul 07,
                 (withdrawn).





                                  CHARLENE M. BRADLEY
                                  Panel Chair

AFBCMR BC-2008-02307




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 xxxxxxxxxxxxxxxxxxxxxxx, be corrected to show that:

            a.  She was awarded an additional 62 paid active duty points
for retention/retirement year 12 March 2006 to 11 March 2007.

            b.  She was awarded an additional 163 paid active duty points
for retention/retirement year 12 March 2007 to 11 March 2008.





  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency






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