RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00091 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. Her rank of master sergeant (E7) be reinstated with the original date of rank (DOR) of 1 Nov 07. 2. Her Letter of Reprimand (LOR) which was received as a result of the alleged charge of absent without leave (AWOL) be permanently removed from her records. 3. Her Total Active Federal Military Service Date (TAFMSD) of 21 Jul 87 be reinstated. _________________________________________________________________ APPLICANT CONTENDS THAT: Her demotion to technical sergeant (E6) was unjust, unsubstantiated, and there was no progressive discipline exercised in the matter. She continued to serve honorably and received no further disciplinary actions. Nevertheless, she has been penalized over $5,750 in base pay alone and, as of 15 Jan 10, she will continue to lose $798.30 for each month the demotion order remains in effect. On 7 May 09, she was given an LOR because she was unduly charged with being AWOL and her personnel records were changed to reflect a loss of 11 days. This action caused her TAFMSD to be changed from 21 Jul 87 to 2 Aug 87. She believes her punishment was extreme and unwarranted because she was 100 percent contactable and under military control the entire time in question. She encountered numerous problems with her Government Travel Card (GTC) and she reported the problems to her superiors. She had her husband’s squadron assist her and at no time did she hide from authorities or attempt to deceive her unit. Her understanding of the out-processing and travel voucher processing was confirmed by the 18th Comptroller Squadron. Had her unit purchased her plane ticket she could have returned immediately following her temporary duty (TDY). In support of her requests, the applicant provides personal statements, extracts from her personnel records, and e-mails. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 1 Jul 10, the applicant was retired in the grade of technical sergeant. She was credited with 22 years, 10 months, and 29 days of active service. In November 2008, the applicant, then a master sergeant and assigned to Kadena Air Base, Japan, went TDY to Washington, District of Columbia, to work on the Armed Forces Inauguration Committee. Upon completion of her TDY, she went to Ellsworth AFB, South Dakota, rather than return to her assigned unit. She remained in South Dakota for 12 days, at which time her unit ordered her to return. After her return, she completed her travel voucher indicating the 12 days spent in South Dakota were for an “authorized delay.” Available records reflect the applicant’s commander offered her nonjudicial punishment under the provision of Article 15, Uniform Code of Military Justice (UCMJ), for being AWOL from on or about 5 Feb 09 until on or about 20 Feb 09. On or about 25 Feb 09, she signed a false official statement with intent to deceive. On 1 May 09, she submitted written statements to the commander. After considering the applicant’s written matters and weighing the evidence, the commander determined the applicant committed the alleged offenses. Her punishment consisted of a reduction in grade to technical sergeant, with a new DOR of 7 May 09, and a reprimand. She appealed the decision; however, the group and wing commanders denied the appeal. The Article 15 was reviewed and found legally sufficient at two separate levels of review. Other relevant facts pertaining to this application are contained in the AFLOA/JAJM evaluation, which is at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFLOA/JAJM recommends denial and states the applicant has not shown a clear error or injustice occurred in the processing of her non-judicial punishment. Further, while commanders are encouraged to progressively discipline subordinates, there is no requirement that a squadron commander address a 12-day AWOL and a false official statement with anything less severe than an Article 15. The commander was in the best position to decide whether an Article 15 was appropriate for the offenses and he was also best placed to evaluate all of the evidence in the case, the submission of the applicant, and the effect that the applicant’s offenses had on the unit’s morale, good order and discipline. A set aside of the applicant’s Article 15 is not in the best interest of the Air Force and should not be granted. The complete AFLOA/JAJM evaluation is at Exhibit C. HQ AFPC/DPTOS states that in accordance with AFI 36-2134, Air Force Duty Status Program, paragraph 3.2.10.1, any time a member (enlisted or officer) spends in AWOL status, desertion, or any confinement whether pre or post-trial, it is considered non- creditable service (also referred to as lost time). The complete HQ AFPC/DPTOS evaluation is at Exhibit D. HQ AFPC/DPSOE states they defer to the recommendation of AFLOA/JAJM. The complete HQ AFPC/DPSOE evaluation is at Exhibit E. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 29 Oct 10 for review and comment within 30 days (Exhibit F). 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 an injustice to warrant corrective action. In this respect, the evidence of record provided by the applicant supports her assertions that she exercised due diligence in resolving the GTC problems with the GTC representative. We note the comments made in the 23 January 2009, email between the applicant and the GTC representative where he apologizes for the difficulties with getting the funds credited to her GTC account and states “I will work with the wing POC on this but he doesn’t answer my E-mails in a timely manner.” The applicant also emailed her officer in charge (OIC) on 26 January 2009, to explain the GTC problems she was experiencing; however, it was not until 13 February 2009, that the commander authorized usage of the fund cite so the applicant could purchase a return ticket to Okinawa, Japan. In his authorization letter the commander acknowledges the applicant’s GTC had reached its limit and that she was awaiting payment of the accrual travel voucher. Therefore, we find it reasonable to believe the applicant’s unit failed to ensure the proper funds were placed in her GTC account in a timely manner. The applicant also provides a statement from the accounting and finance office (AFO) that appears to corroborate her contentions that she was instructed by AFO on how to complete her travel voucher. We acknowledge the applicant was not without fault in this matter; however, we believe the punishment the applicant received was excessive in view of the circumstances surrounding the incident. While we normally would not substitute our judgment for that of the commander we believe the totality of the circumstances and the applicant’s overall record of performance give rise to an element of doubt that the punishment was warranted. As such, we elect to resolve the doubt in favor of the applicant. In regards to the applicant’s request for removal of the LOR, after reviewing her master personnel records it appears the LOR is no longer a matter of record, as such, no further action is required by this Board. Therefore, we recommend 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: a. The Article 15, Uniform Code of Military Justice, initiated on 27 April 2009 and imposed on 15 May 2009, be, and hereby is, declared void and expunged from her records and all rights, privileges and property of which she may have been deprived be restored. b. The period 8 February 2009 to 18 February 2009 was not lost time, but considered creditable service, and that she is entitled to full pay and allowances for this period. c. Her rank of master sergeant was restored with a date of rank and effective date of 1 November 2007. d. She was retired in the grade of master sergeant effective 1 July 2010. _________________________________________________________________ The following members of the Board considered Docket Number BC- 2010-00091 in Executive Session on 16 December 2010, under the provisions of AFI 36-2603: XXXX, Panel Chair XXXX, Member XXXX, Member All members voted to correct the records, as recommended. The following documentary evidence was considered for AFBCMR Docket Number BC-2010-00091: Exhibit A. DD Form 149, dated 6 Jan 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFLOA/JAJM, dated 20 Jul 10. Exhibit D. Letter, HQ AFPC/DPTOS, dated 3 Sep 10. Exhibit E. Letter, HQ AFPC/DPSOE, dated 22 Sep 10. Exhibit F. Letter, SAF/MRBR, dated 29 Oct 10. XXXX Panel Chair