AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-01474
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. Her commander’s decision to deny her reenlistment be
overturned.
2. Her letter of reprimand (LOR) dated 2 Mar 12, be rescinded.
3. Her letters of counseling (LOCs) dated 7 Sep 11, and
3 Nov 11, be rescinded.
_________________________________________________________________
APPLICANT CONTENDS THAT:
1. Her supervisor failed to conduct performance feedback in
accordance with (IAW) AFI 36-2406, Officer and Enlisted
Evaluation System to discuss her conduct.
2. Her LOCs were not processed IAW AFI 36-2907, Unfavorable
Information File (UIF) which states “the person who initiates
the record of individual counseling (RIC), LOC, letter of
admonition (LOA), or LOR has three duty days to advise the
individual of their final decision regarding any comments
submitted by the individual.”
3. On 12 Mar 12, her commander non-recommended her for
reenlistment; however section III of the AF Form 418, Selective
Reenlistment Program (SRP) consideration for Airmen in the
Regular Air Force/Air Force Reserve requires mandatory comments
when an airmen is non-selected.
4. Her unit added new documents to her case file after she
submitted her non-selection for reenlistment appeal package to
the military personnel section (MPS). However, IAW AFI- 36-2606,
Reenlistments in the United States Air Force she was not given
three workdays to rebut the new information added to her case
file.
In support of her request, the applicant provides a personal
statement, copies of character references, AF IMT 102, Inspector
General Personal and Fraud, Waste and Abuse Complaint
Registration; AF Form 1058, Unfavorable Information File Action;
AF Form 418, emails, LOCs and various other documentation
associated with her request.
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The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 12 Mar 12, the applicant’s supervisor initiated an AF Form 418
and non-recommended her for reenlistment. Her supervisor stated
due to multiple disciplinary infractions, she was not conducive
to the Air Force way of life. Her commander denied her
reenlistment request.
On 13 Mar 12, the applicant acknowledged her non-selection and
invoked her intent to appeal the denial decision. Reenlistment
code (RE) code 2X, which denotes First-term, second-term or
career airman considered but not selected for reenlistment under
the SRP was updated IAW 36-2606, based on her commander’s
decision. The applicant filed an Inspector General (IG)
complaint with the 30 Space Wing (30 SW). The following
allegations were analyzed and resolved IAW AFI 90-301, Inspector
General Complaints Resolution.
Allegation 1: Between 27 Feb – 1 Mar 12, the applicant alleged
that Lieutenant Colonel (Lt Col) Y reprised against her.
The applicant believed Lt Col Y reprised against her because of
the 27 Feb 12, memo she submitted to him for his consideration
before he made his decision denying her reenlistment.
Finding: NOT SUBSTANTIATED
Allegation 2: On 2 Mar 12, the applicant alleged Senior Master
Sergeant (SMSgt) O reprised against her.
The applicant believed SMSgt O reprised against her because of
the 27 Feb 12, memo she submitted to Lt Col Y concerning her
reenlistment. She believes SMSgt O issued her a LOR on
2 Mar 12, in reprisal. The LOR addressed her tardiness to work
after the monthly wing mandated run.
Finding: NOT SUBSTANTIATED
Allegation 3: Between 1 – 12 Mar 12, the applicant alleged that
Lt Col Y failed to follow the AF IMT 418 process.
The applicant believed Lt Col Y failed to follow the AF Form
418 process denying her the opportunity to appeal his decision
to deny her reenlistment.
Finding: NOT SUBSTANTIATED
Allegation 4: The applicant believed Lt Col Y intended to place
her on a control roster with a six-month observation that would
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render her ineligible to reenlist because the six-month
observation period ended after her date of separation (DOS).
Finding: NOT SUBSTANTIATED
On 21 Mar 12, the applicant submitted her non-recommendation for
reenlistment appeal to the appeal authority (30 Operations Group
commander).
On 30 Mar 12, the 30SW/IG notified her that an analysis
determined there were no violations of any laws, policies,
instructions, etc; therefore, IAW AFI 90-301, her complaint was
dismissed. The IG stated her commander had followed the
selective reenlistment process and was not placing her on the
control roster. Further, the IG determined reprisal did not
occur because the memo she submitted to her commander did not
meet the criteria to make it a valid protected communication as
outlined in DoD 7050.06 and AFI 90-301.
On 11 Apr 12, the 30OG/CC denied the applicant’s appeal, stating
she has demonstrated a pattern of behavior which is not
consistent with the Air Force’s highest professional standards.
She acknowledged receipt of the denial of her appeal case.
On 3 Jul 12, AFPC/DPSOA requested the applicant provide the
documents she contends were added to her appeal package without
due process. On 24 Jul 12, in response to DPSOA’s request, she
stated after submitting her appeal package to the Force Support
Squadron, she inquired about the status and was informed her
unit had provided additional documentation (i.e. LOC, dated
7 Sep 11, LOC, dated 3 Nov 11, and a LOR, dated 2 Mar 12) to
legal for their recommendation to the group commander. The
applicant states she was not permitted to review the
recommendation from the 30 SW legal office for reasons unknown.
On 11 Aug 12, the applicant was honorably discharged due to her
non-selection for reenlistment; with an RE code of 2X and a
Separation Code of JBK, which denotes Completion of Required
Active Service. She served four years of total active service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIMC recommends denial of the applicant’s request to
remove her LOCs dated 7 Sep 11, and 3 Nov 11, and her LOR dated
2 Mar 12, from her records. DPSIMC states that per AFI 36-2907,
commanders, supervisors, and other persons in authority can
issue administrative counselings, admonitions and reprimands.
Further, DPSIMC validated the LOCs and LOR were processed IAW
AFI 36-2907.
The complete DPSIMC evaluation is at Exhibit C.
3
AFPC/DPSOA recommends denial of the applicant’s request to
change her reenlistment (RE) code. DPSOA states the applicant
did not provide any evidence of an error or injustice pertaining
to her denial of reenlistment appeal processing. LOCs/LORs are
always included as “any other pertinent information” in appeal
packages. Additionally, legal reviews are not considered new
information IAW AFI 36-2606.
The complete DPSOA evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 7 Sep 12, for review and comment within 30 days
(Exhibit E). 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. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. We took notice
of the applicant's complete submission in judging the merits of
the case; however, we are not persuaded the applicant has been
the victim of an error or injustice. Therefore, we agree with
the opinions and recommendations of the Air Force offices 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. We note, the applicant alleges she has been
the victim of reprisal; however, after review of the evidence
presented, we find no evidence of reprisal and are not persuaded
her commander’s actions were improper, or that he abused his
discretionary authority in this matter. In view of the above
and in the absence of evidence to the contrary, we find no 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.
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_________________________________________________________________
The following members of the Board considered Docket Number
BC-2012-01474 in Executive Session on 15 Jan 13, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Apr 12, w/atchs.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIMC, dated 29 May 12.
Exhibit D. Letter, AFPC/DPSOA, dated 21 Aug 12.
Exhibit E. Letter, SAF/MRBR, dated 7 Sep 12.
Panel Chair
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