RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05514 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1. His official written response memorandums for record (MFR) to his nonjudicial punishment (NJP) be included with his Article 15 paperwork in his military personnel folder and Officer Selection Record (OSR). 2. Duplicate copies of the AF Form 3070C, Record of Nonjudicial Punishment Proceedings (Officer), be removed from his military personnel records and his officer selection record (OSR). (administratively resolved) APPLICANT CONTENDS THAT: Official written rebuttals to the non-judicial punishment under Article 15 should be included in his personnel records and OSR. However, when he checked his virtual AFPC records, his rebuttal MFRs were not included, contrary to assurances from the Judge Advocate (JA) and Area Defense Counselor (ADC) they would be. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 31 May 00 and currently serves in the grade of Major (0-4). During the rating period 11 Feb 12 through 21 Sep 12 the applicant received an Article 15 for driving a motor vehicle under the influence of alcohol. On 17 Mar 14, AFPC/DPSIRP administratively removed the duplicate pages from the applicant’s AF Form 3070C in his electronic personnel record in the Automated Records Management System (ARMS). The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFLOA/JAJM recommends denial indicating there is no evidence of an error or an injustice regarding the applicant’s official written response to his NJP not being included in his personnel folder and OSR. The applicant was offered NJP proceedings authorized by Article 15, Uniform Code of Military Justice (UCMJ) on 6 September 2012. The applicant consulted with a lawyer, accepted NJP, and submitted a written presentation for the commander's consideration. After considering the evidence and matters submitted by the applicant, the commander determined the applicant committed the offense of physically operating a vehicle while drunk in violation of Article 111, UCMJ. As punishment, the applicant was required to forfeit $3,369.00 per month for two months and he was reprimanded. The commander decided to file the action in the applicant's OSR. Based on the guidance of AFI 51-202, Nonjudicial Punishment, para 6.12, “evidence and other written materials considered as a basis for imposing punishment, or vacating a suspended punishment, or submitted by the member in mitigating, extenuation, or defense or on appeal are supporting documentation and not part of the record. Therefore, the applicant's response to his Article 15 should be filed in the servicing SJA's office, but not the personnel or OSR records. A complete copy of the AFLOA/JAJM evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 30 May 14 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. 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 an error or injustice regarding the applicant’s official written response to his NJP not being included in his personnel folder and OSR. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief beyond that rendered administratively. 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-2013-05514 in Executive Session on 4 Nov 13 under the provisions of AFI 36-2603: Ms., Panel Chair Mr., Member Mr., Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 22 Nov 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFLOA/JAJM, dated 30 Jan 14. Exhibit D. Letter, SAF/MRBR, dated 30 May 14.