AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NO:  97-02320 (Case 2) 
COUNSEL : 
HEARING DESIRED:  NO 

, 

Applicant  requests that an Article  15, imposed on 17 June 1983, 
be  removed  from  his  master  personnel  record. 
Applicant's 
submission is at Exhibit A. 

The  appropriate Air  Force  office  evaluated  applicant's  request 
and  provided  an  advisory opinion to  the  Board  recommending the 
application  be  denied  (Exhibit C). 
The  advisory  opinion  was 
forwarded  to  the  applicant/counsei  for  review  and  response 
(Exhibit D).  As of this date, no response has been received by 
this office. 

After  careful  consideration  of  applicant's  request  and  the 
available  evidence  of  record, we  find  insufficient evidence  of 
error or injustice to warrant  corrective action.  The  facts and 
opinions stated in the advisory opinion appear to be based on the 
evidence  of  record  and  have  not  been  rebutted  by  applicant  or 
counsel.  Absent persuasive evidence applicant was denied rights 
to which entitled, appropriate regulations were not followed, or 
appropriate  standards  were  not  applied,  we  find  no  basis  to 
disturb the existing record. 

Accordingly, applicant's request is denied. 

The Board staff is directed to inform applicant of this decision. 
Applicant should also be informed that this decision is final and 
will  only be  reconsidered upon the presentation of new relevant 
evidence  which  was  not  reasonably  available  at  the  time  the 
application was filed. 

Members of the Board Ms. Patricia J. Zarodkiewicz, Mr. Edward H. 
Parker, and Mr. Patrick R. Wheeler considered this application on 
15  January  1998 in accordance with  the provisions of Air  Force 
Instruction 36-2603, and the governing statute, 10, U.S.C. 1552. 

Exhibits : 
A.  Applicant's DD Form 149 
B.  Available Master Personnel Records 
C.  Advisory Opinion 
D.  SAF/MIBR Ltr Forwarding Advisory Opinion 

2 September 1997 

MEMORANDUM FOR AFBCMR 

FROM:  AFLSNJAJM (Capt Murad) 
112 Luke Avenue, Room 343 
Bolling Air Force Base, DC 20332-8000 

SUBJEC 

Applicant’s Request:  In an application dated 30 July 1997, the applicant requests that 
an Article 15 imposed 17 June 1983 be removed from his master record, maintained by AFMPC. 
The applicant states that he believed all locally maintained records pertaining to the Article 15 
had been purged four years after imposition of the Article 15, and that he did not become aware 
of the existence of another copy of the Article 15 until he began reviewing his master record in 
connection with his application for retirement. 

The applicant is on active duty. His application is, therefore, timely, as the three-year 
limitations period provided for by  10 U.S.C. 0 1552(b) has not yet begun to run. See Detweiler 
v. Penu, 38 F.3d 591 (D.C. Cir. 1994), which holds that 5 205 of the Soldiers and Saliors Civil 
Relief Act of 1940,50 U.S.C.App. 5 525 tolls the limitations period for filing BCMR 
applications while an applicant is on active duty. 

Facts of military justice action:  The applicant received notice on 18 April 1983 that 
his commander intended to impose nonjudicial punishment under Article 15 of the UCMJ for 
driving a motor vehicle in Germany on 2 March 1983 while under the influence of alcohol,  and 
for leaving the scene of an accident then without making his identity known.  After the applicant 
waived his right to demand a court-martial, the commander imposed punishment, consisting of 
forfeitures, arrest in quarters, and a reprimand. 

Applicant’s contentions: The applicant contends that it is unjust to mar what is now a 

twenty-eight year record of service to the Air Force with information about something that 
happened fourteen years ago. 

Discussion: The original copies of records of punishment imposed under Article 15 of 
the UCMJ and kept at AFMPC are to be destroyed thirty years after final review.  AFMAN 37- 
1 39, Table 5 1-3, Rule 25.  Thus, paperwork relating to his Article 15 is properly in his master 
record.  The applicant does not indicate that his situation is unique, and that such uniqueness 
provides justification for managing his records differently fiom those of everyone else. 
Moreover, removing the Article 15 paperwork fiom his file would be tantamount to 

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misrepresenting the applicant’s twenty-eight year record as a perfect, by deleting the one item he 
considers negative while retaining all positive items, whether or not they are older than the 
Article 15. The applicant does not explain how such dishonesty would serve the interests of 
justice. 

Recommendation: After review of the available records, I conclude there are no legal 

errors requiring corrective action and granting the applicant’s request is not warranted.  The 
applicant’s master record properly contains records of his Article 15.  I recommend, therefore, 
that the applicant’s request be denied. 

LOREN PERLSTEIN 
Associate Chief, Military Justice Division 
Air Force Legal Services Agency 

AFMAN 37-139  1 March 1996 

A 

B 

C 

D 

[f  the  records  are 
)r pertain to 

consisting of 

:ourt-martial 
t urisdiction 

zourt-martial 
and 
M c l e   15  activities 
reports  (requirement 
eliminated following 
report  for  1st  Qtr of 
CY 1975) 

records  accumulated  incident  to  the 
granting  and  exercise  of  general, 
special  and  summary  court-martial 
jurisdiction (See Note 4) 
card  records  reflecting  active  and 
court-martial 
inactive 
jurisdiction of various commands 
consolidated  annual  reports  prepared 
by  AFLSNJAJM 
from  quarterly 
from  major 
reports 
received 
commands 

general 

individual  and  consolidated  quarterly 
reports  prepared  by  major  command 
and 
court-martial 
jurisdictions 

subordinate 

~~ writ of habeas corpus 

the complaint, the answer filed by  the 
Government,  copy  of  court  decision, 
correspondence with US Attorney, and 
other  related  matters  accumulated  as 
the result of a complaint by  the person 
released on a writ of habeas corpus 

of 
records 
punishment  imposed 
under  Article  15, 
UCMJ 

records 
including 

correspondence, 
of 

and 
forms, 
oral 
summarized 
separate 
punishment, 
appeals  and  actions  that  suspend, 
mitigate, 
aside 
punishment 

remit, 

or 

set 

vhich are 
ipon  which  GCM 
iction  was  completed 
her 30 June 1974 

it AFLSNJAJM 

3t 
other 
4FLSNJAJM 

than 

st AFLSNJAJM 

at 
other 
AFLSNJAJM 

than 

at  AFLSNJAJM,  and 
the  person  has  been 
court-martialed 

hen 

etire  as  permanent 
See Notes  5  and  8). 
4UTH:  NC 1 -AFU-77- 
!O 
lestroy when  no longer 
ieeded.  AUTH:  N1- 
W- 90- 3 
.etire  as  permanent 
See  Note  8).  AUTH: 
rJC 1 -AFU-77-20 

iestroy after 3 years, ox 
when  no  longer needed 
reference, 
or 
lvhichever 
is 
later. 
4UTH: N 1 -AFU-90-3 
iestroy after 5  years  01 
when no longer needed 
whichever 
later 
4UTH: N 1 -AFU-90-3 
iestroy after 3  years  01 
when no longer needed 
whichever 
later 
AUTH: N 1 -AEu-90-3 
they become part of thc 
wiginal  record  of  trial 
AUTH: N 1 -AFU-90-3 

is 

is 

at  AFLSNJAJM,  and 
the  person  was  not 
tried by court-martial 

hold  for  5  years  aftei 
case is closed; retire tc 

than 

other 
at 
AFLSNJAJM 
originals at HQ USAF 
or AFMPC