RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 97-00278
INDEX CODE: 126.04
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
Two Article 15s imposed on him 2 December 1980 and 7 June 1983 be
expunged from his records.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The reasons applicant believes he has been the victim of an error
and/or an injustice are contained in his complete submission, which is
at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s 17 January 1997 application was received by SAF/MIBR
and staffed to AFLSA/JAJM by SAF/MIBR on 14 February 1997. In October
1997, it appeared that the case was lost at JAJM; however, it was
relocated there in August 1998 and subsequently processed.
Relevant facts pertaining to this application, extracted from the
applicant's military records, are contained in the letter prepared by
the appropriate office of the Air Force. Accordingly, there is no
need to recite these facts in this Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
The Associate Chief, Military Justice Division, AFLSA/JAJM, reviewed
this appeal, provided the available details surrounding the Article
15s, and a discussion of the applicant’s administrative discharge
board and its relevance on the Article 15s. The author provides his
rationale for why the case should be denied.
A complete copy of the evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF 55AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 14 September 1998 for review and comment within 30 days.
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 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 probable error or injustice. After a thorough review
of the evidence of record and applicant’s submission, we are not
persuaded the two Article 15s in question should be voided.
Applicant’s contentions are duly noted; however, we do not find these
uncorroborated assertions, in and by themselves, sufficiently
persuasive to override the rationale provided by the Air Force. We
therefore agree with the recommendations of the Air Force and adopt
the rationale expressed as the basis for our decision that the
applicant has failed to sustain his burden of having suffered either
an error or an injustice. In view of the above and absent persuasive
evidence to the contrary, we find no compelling basis to recommend
granting the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of probable 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.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 15 June 1999 under the provisions of AFI 36-2603:
Mr. Vaughn E. Schlunz, Panel Chair
Dr. Gerald B. Kauvar, Member
Mr. Michael V. Barbino, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Jan 97, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFLSA/JAJM, dated 20 Aug 98
Exhibit D. Letter, AFBCMR, dated 14 Sep 98.
VAUGHN E. SCHLUNZ
Panel Chair
AF | BCMR | CY1999 | BC-1997-00278
_________________________________________________________________ APPLICANT CONTENDS THAT: The reasons applicant believes he has been the victim of an error and/or an injustice are contained in his complete submission, which is at Exhibit A. Relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter prepared by the appropriate office of the Air Force. _________________________________________________________________ The...
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