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AF | BCMR | CY2001 | 0101038
Original file (0101038.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS


             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS



IN THE MATTER OF:      DOCKET NUMBER:  01-01038

            INDEX NUMBER:  126.04


            COUNSEL:  NONE


            HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

The  nonjudicial  punishment  under  Article  15,  UCMJ,  imposed   on
22 January 1999, be set aside and that all references to  the  Article
15 action be expunged from his record.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He does not deny he made an error in judgment on 29 December  1998,
when  he  made  a  false  official  statement  indicating  he   had
administered an Enlistment Screening Test to  a  recruit  prior  to
sending him to the Military Entrance Processing Station (MEPS).  He
believes he was set up  when  he  was  ordered  to  fax  a  written
statement within a specified time period as to when  the  test  was
administered and the score received.  He called his supervisor  and
told him he lied and had not administered  the  test.   Because  he
revealed his false official statement before he  was  investigated,
the decision to impose Article 15 punishment was unduly severe.  He
did deserve administrative action, but  believes  he  was  targeted
with  pointless  Letters  of  Reprimand  (LORs)  and   Letters   of
Admonishment (LOAs) as a basis for Article 15 punishment at a later
date.  He was told that the decision to punish him  by  Article  15
instead of by an LOR was because previous LORs  and  LOAs  had  not
been effective.   His  commander  told  him  he  did  not  remember
receiving his rebuttals to the LORs and the LOAs  prior  to  making
his decision to impose Article 15 punishment.  His rebuttals to the
LORs  and  LOAs  were  removed.   He  was  given  the  most  severe
punishment after he provided a statement  against  his  supervisor,
who had ordered a recruit to conceal medical evidence.

His complete submission, which includes  nine  attachments,  is  at
Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

On 22 January 1999, as a staff sergeant, the applicant was punished
under Article 15 for making a false  official  statement,  to  wit:
that he administered an Enlistment  Screening  Test  to  a  recruit
prior to sending him to  the  MEPS,  which  statement  was  totally
false, and was then known by him to be false.

Punishment consisted of reduction to the grade of senior airman and
forfeiture of $100 pay for two months; however,  the  reduction  in
grade was suspended until 21 April 1999, after which  time  it  was
remitted.

The applicant consulted counsel; waived his right to court-martial;
and accepted nonjudicial proceedings under Article  15,  UCMJ.   He
did not appeal.

The applicant is currently serving on active duty in the  grade  of
technical sergeant.

___________________________________________________________________

AIR FORCE EVALUATION:

The  Associate  Chief,  Military  Justice   Division,   AFLSA/JAJM,
recommended  denial.   After  reviewing  the   evidence   and   the
applicant’s submissions, the commander found he had  committed  the
offense alleged.  The punishment imposed was lawful.  The applicant
provided no evidence of a clear error or injustice related  to  the
nonjudicial punishment proceedings.   He  agrees  that  action  was
appropriate but differs on the  degree  of  action  taken.   JAJM’s
complete evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the evaluation was forwarded to the applicant on  6  July
2001, for review and response 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 timely filed.

3.  Insufficient  relevant   evidence   has   been   presented   to
demonstrate the existence of  probable  error  or  injustice.   The
applicant provided a false official statement.   After  considering
the evidence and the applicant’s submissions, the commander imposed
punishment under Article 15.  The applicant agrees that  punishment
was appropriate  but  disagrees  with  the  degree  of  punishment.
However, in our view, the commander was in  the  best  position  to
evaluate the evidence.  We have seen no evidence from the applicant
that would lead  us  to  believe  that  the  commander  abused  his
discretionary authority when he determined that the  applicant  had
committed the offense charged and when he decided  the  nature  and
degree of punishment.  Therefore, in the absence of evidence to the
contrary, we agree with the recommendation of the Associate  Chief,
Military Justice Division, and adopt the rationale expressed as the
basis for our decision to deny the application.

___________________________________________________________________

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 9 October 2001, under the provisions of AFI 36-
2603:

                 Ms. Peggy E. Gordon, Panel Chair
                 Mr. Grover L. Dunn, Member
                 Mr. Thomas J. Topolski, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 April 2001, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFLSA/JAJM, dated 22 June 2001.
    Exhibit D.  Letters, SAF/MIBR, dated 6 July 2001.




                                   PEGGY E. GORDON
                                   Panel Chair


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