ECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00367 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. The Article 15 he received on 14 Jun 99 be removed from his records. 2. Award of the Air and Space Campaign Medal with one Bronze Service Star (BSS) and the Air Force Outstanding Unit Award (AFOUA) with eight Oak Leaf Clusters (OLCs). 3. His rank of senior airman (SrA) (E-4) be reinstated. 4. His Reenlistment (RE) code of 4E (Grade is airman first class or below and airman completed 31 or more months (55 months for a 6-year enlistees), if a first-term airman; or, grade is airman first class or below and the airman is a second-term or career airman) be changed to allow to enlist in the Air National Guard (ANG). ________________________________________________________________ APPLICANT CONTENDS THAT: Due to the limited time he had left on active duty he was unable to adequately appeal the nonjudicial punishment. He should receive award of the Air and Space Campaign Medal with one BSS for his service in support of Operations ALLIED FORCE and NOBLE ANVIL. Several devices are not listed in his records from previously awarded AFOUA. He needs his RE code changed to join the ANG. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 6 Apr 92, the applicant commenced his enlistment in the Regular Air Force. On 14 Jun 99, the applicant received nonjudicial punishment (NJP) under Article 15 for willfully disobeying a superior commissioned officer and making a false official statement. He was provided an opportunity to consult legal counsel. He accepted the NJP, waiving his right to demand trial by court- martial. He submitted a written presentation and declined to make a personal appearance before the commander. On 21 Jun 99, his commander found that he committed the alleged offenses and imposed punishment consisting of reduction in rank, forfeiture of pay for two months, and 15 days of extra duty. The applicant appealed the decision and his appeal was denied on 6 Jul 99. On 31 Aug 99, the applicant was discharged with service characterized as honorable, with an RE code of 4E, and was credited with 7 years, 4 months, and 29 days of active service. The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force, which are attached at Exhibits C through F. ________________________________________________________________ AIR FORCE EVALUATION: AFLOA/JAJM recommends denial of the applicant’s request to remove the contested Article 15 indicating there is no evidence of an error or injustice. The applicant has not identified any errors or injustices in the Article 15 action. He simply states he was unable to make a stronger appeal due to his limited time he had left on active duty. By waiving his right to court-martial, he accepted that his commander would decide whether and how much punishment was appropriate for the offenses. The applicant’s commander was in the best position to carefully weigh all evidence, make informed findings of fact, and arrive at a suitable punishment. In addition, the commander's decision and subsequent punishment were within the discretionary limits of his authority. The applicant was afforded all his rights and there is no evidence the commander acted arbitrarily or capriciously or that he violated the applicant’s due process rights. A complete copy of the AFLOA/JAJM evaluation is at Exhibit C. AFPC/DPSID recommends denial of his request for award of the Air and Space Campaign Medal with one BSS and additional awards of the AFOUA. The Air and Space Campaign Medal is awarded to service members of the Air Force who, after 24 Mar 99, participated in or directly supported a significant United States military operation designated by the Chief of Staff of the Air Force. The service member must be assigned or attached to a unit engaged in the operation and be engaged in direct support for at least 30 consecutive or 60 nonconsecutive days. The Air and Space Campaign Medal is issued for support of Operation ALLIED FORCE between 24 Mar and 10 Jun 99 and for support of Operation NOBLE ANVIL from 24 March 99 to 20 Jul 99. A thorough review of the applicant's official military personnel record revealed no documentation to verify he served in support of Operations ALLIED FORCE or NOBLE ANVIL. Furthermore, there was no documentation showing that he participated in a military operation that was awarded the Air and Space Campaign Medal. The AFOUA is awarded to numbered units that have distinguished themselves by exceptionally meritorious service or outstanding achievement that clearly sets the unit above and apart from similar units. Numbered subordinate organizations can be recommended to share in their numbered parent organizations AFOUA award nomination. The applicant’s entitlement to the AFOUA with one Silver OLC was verified and his records will be administratively corrected to reflect the award. However, there was no evidence in the applicant’s submission or his records that indicate he is entitled to any additional awards for the AFOUA. A complete copy of the AFPC/DPSID evaluation is at Exhibit D. AFPC/DPSOA recommends denial of the applicant’s request to change his RE code indicating there is no evidence of error or injustice. The applicant was ineligible to remain on active duty based on his RE code and had to separate. A complete copy of the AFPC/DPSOA evaluation is at Exhibit E. AFPC/DPSOE defers to the recommendation of AFLOA/JAJM and notes the applicant received a reduction in rank as part of his punishment of the Article 15 action. A complete copy of the AFPC/DPSOE evaluation is at Exhibit F. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He never intentionally disobeyed an order or made a false official statement, but rather stated a goal that he would get the vehicle properly registered; however, he was unable to accomplish registering the vehicle due to the bank losing the title to the vehicle. A complete copy of the applicant’s response, with attachment, is at Exhibit G. ________________________________________________________________ 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. We took notice of the applicant's complete submission, to include his rebuttal response, in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. The applicant has provided no evidence which would lead us to believe the Article 15 and subsequent reduction in rank was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed; or that his commander abused his discretionary authority. Furthermore, we found no evidence the contested RE code was erroneously assigned or does not accurately reflect the circumstances of his separation. In addition, there is no evidence showing the applicant served in a unit in support of a military operation that was awarded the Air and Space Campaign Medal. Therefore, 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 the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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 AFBCMR Docket Number BC-2013-00367 in Executive Session on 12 Nov 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member ? The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-00367 was considered: Exhibit A. DD Form 149, dated 16 Jan 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFLOA/JAJM, dated 1 Mar 13. Exhibit D. Letter, AFPC/DPSID, dated 22 Apr 13. Exhibit E. Letter, AFPC/DPSOA, dated 28 May 13. Exhibit F. Letter, AFPC/DPSOE, dated 7 Jun 13. Exhibit G. Letter, SAF/MRBR, dated 5 Jul 13. Exhibit H. Letter, Applicant, undated, w/atch. Panel Chair