Search Decisions

Decision Text

AF | BCMR | CY2002 | 0003341A
Original file (0003341A.doc) Auto-classification: Denied

                                 ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-03341

      XXXXXXXXXXXXXX   COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED: No

_________________________________________________________________

APPLICANT REQUESTS THAT:

In the applicant’s request for reconsideration, he requests that  the  Board
reconsider the following original requests:

        a.  Set aside the Article 15 that he received on 18 May 00.

        b.  Restore him to the grade of sergeant (E-4) with a date  of  rank
(DOR) of 11 Feb 96 with all backpay.

        c.  He be allowed to retain his selection  for  promotion  to  staff
sergeant which he earned prior to being punished by Article 15.

_________________________________________________________________

STATEMENT OF FACTS:

ON 25 April 2000, The  applicant  was  offered  nonjudicial  punishment  for
conduct in violation  of  the  Uniform  Code  of  Military  Justice  (UCMJ),
Article 92, failure to obey an order,  Article  128,  assault,  and  Article
134, indecent language.  The allegations  came  about  as  a  result  of  an
investigation into allegation of sexual harassment during  a  deployment  to
Bosnia-Herzegovina.  The applicant was alleged to have  violated  the  order
of an NCO to stop bothering a female airman.  He was also  alleged  to  have
assaulted the airman by touching her on her hair, back,  and  buttocks  with
his hands on 21 Oct 99.  Finally, the applicant is alleged to have told  the
airman words to the effect of “you know  you  want  that  foreign  dick”  in
response to her complaints that foreign military men were gawking at her.

On  4  May  2000,  after  consulting  with  military  defense  counsel,  the
applicant accepted nonjudicial  punishment  proceeding  rather  than  demand
trial by  court-martial.   He  submitted  a  written  presentation  for  his
commander to consider.  After reviewing the  evidence  and  the  applicant’s
submissions, the commander determined  the  applicant  did  not  commit  the
offense under Article 92, but did commit the assault and  indecent  language
offenses.  On 18 May 2000, the commander imposed a punishment consisting  of
a reduction to the grade of Airman, a suspended reduction to  the  grade  of
Airman Basic and a reprimand.  The applicant appealed the punishment  on  24
May 2000.  The appellate authority denied the appeal on 12 June 2000.

On 2 August 2001, the applicant’s requests were  considered  and  denied  by
the AFBCMR.  For an accounting of the facts  and  circumstances  surrounding
the earlier decision by the Board, see the Record of Proceedings at  Exhibit
F.

The applicant submitted a request for reconsideration based on  a  statement
he obtained from the individual that made  the  complaint  against  him  for
which he was punished by Article.  The applicant’s  complete  submission  is
at Exhibit G.

________________________________________________________________

THE BOARD CONCLUDES THAT:

After again reviewing this application and the evidence provided in  support
of the appeal, we remain unpersuaded that  the  punishment  imposed  on  the
applicant was erroneous or unjust.  While we note that  the  victim  of  the
actions for which the applicant was punished thinks that his punishment  was
unfair and states that she did not  file  the  complaint  that  led  to  his
punishment, she does not state unequivocally  that  the  applicant  did  not
commit the offenses.  While the victim may not  agree  with  the  punishment
received by the applicant, this does not mean that the  commander’s  actions
were wrong.  The responsibility to decide the type and scope  of  punishment
rests with the commander.  The Article  15  appellate  authority  considered
her sentiments before making his decision to deny the applicant’s appeal  of
the punishment.  In light of the  above,  we  find  no  basis  on  which  to
favorably consider the requested relief.

_________________________________________________________________

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 16 January 2002, under the provisions of AFI 36-2603:

      Mr. Gregory Petkoff, Panel Chair
      Mr. Clarence D. Long, III, Member
      Mr. Christopher Carey, Member

The following documentary evidence was considered:

      Exhibit F.  Record of Proceedings, dated 17 August 2001,
                with Exhibits.
      Exhibit G.  Applicant’s Letter, undated, w/atchs.




                                   GREGORY PETKOFF
                                   Panel Chair

Similar Decisions

  • AF | BCMR | CY1999 | 9800247

    Original file (9800247.doc) Auto-classification: Denied

    On 1 May 1995, the applicant’s commander found that he did commit one or more of the offenses alleged and imposed the following punishment: reduction to the grade of senior airman, with a new date of rank of 1 May 1995, and forfeiture of $661.00 pay. The JA then dismissed the case and recommended an Article 15 be done instead. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not...

  • AF | BCMR | CY1999 | BC-1998-00247

    Original file (BC-1998-00247.doc) Auto-classification: Denied

    On 1 May 1995, the applicant’s commander found that he did commit one or more of the offenses alleged and imposed the following punishment: reduction to the grade of senior airman, with a new date of rank of 1 May 1995, and forfeiture of $661.00 pay. The JA then dismissed the case and recommended an Article 15 be done instead. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not...

  • AF | BCMR | CY2000 | 9902878

    Original file (9902878.doc) Auto-classification: Denied

    Lastly, while the applicant contends his commander improperly considered his two prior Article 15s in determining an appropriate punishment, the commander denied this in a written statement to the applicant’s defense counsel. After noting this statement, a majority of the Board finds no reason to believe the commander improperly considered applicant’s two prior Article 15s in determining an appropriate punishment based on applicant’s unofficial use of government e-mail. THE BOARD...

  • AF | BCMR | CY2013 | BC 2013 03699

    Original file (BC 2013 03699.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03699 COUNSEL: HEARING DESIRED: YES APPLICANT REQUESTS THAT: 1. Any commander would normally consider such statements during Article 15 proceedings because they were relevant and clearly showed that any exposure was due to the pants falling down which in turn was caused by the assault. These statements were not provided to the squadron commander, the applicant, or...

  • AF | BCMR | CY2001 | 0003341

    Original file (0003341.doc) Auto-classification: Denied

    He was selected for promotion to SSgt prior to receiving punishment by Article 15. The applicant further states that he filed an inspector general (IG) complaint based on two issues: that he did not receive all of the evidence used against him and the investigation done was flawed and that the IO paraphrased or “summarized” witness statements in a way that was misleading in order to make a case against him. We took notice of the applicant's complete submission in judging the merits of the...

  • AF | BCMR | CY2000 | 9902878A

    Original file (9902878A.doc) Auto-classification: Denied

    Lastly, while the applicant contends his commander improperly considered his two prior Article 15s in determining an appropriate punishment, the commander denied this in a written statement to the applicant’s defense counsel. In the opinion of the majority of the Board, the applicant has not provided any evidence showing that the commander abused his discretionary authority in imposing the Article 15 punishment, that the punishment was too harsh, or that the commander considered...

  • AF | BCMR | CY1999 | 9803153

    Original file (9803153.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 98-03153 INDEX CODE: 126 COUNSEL: JULIE K. HASDORFF HEARING DESIRED: Yes _________________________________________________________________ APPLICANT REQUESTS THAT: An Article 15, dated 22 Aug 96, an Article 15, dated 6 Sep 96, and, a Vacation of Suspended Nonjudicial Punishment, dated 4 Nov 96, be set aside. The defense counsel claims that the legal office recommended to the commander...

  • AF | BCMR | CY2012 | BC-2011-05044

    Original file (BC-2011-05044.pdf) Auto-classification: Approved

    The Article 15 she received on 5 April 2007 be removed from her records. The commander however, did find the violation of Article 92 as substantiated. _________________________________________________________________ AIR FORCE EVALUATION: AFLOA/JAJM recommends a partial grant since the issuing commander found sufficient evidence did not exist to substantiate the three alleged violations of Article 134, UCMJ.

  • AF | BCMR | CY2006 | BC-2006-00246

    Original file (BC-2006-00246.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-00246 INDEX CODE: 110.02 XXXXXXX COUNSEL: NONE XXXXXXX HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 28 JUL 2007 ___________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be upgraded. On 24 Dec 03, applicant was discharged pursuant to the General Court-Martial Order, with a bad conduct discharge. The...

  • AF | BCMR | CY2008 | BC-2007-02600

    Original file (BC-2007-02600.DOC) Auto-classification: Denied

    On 16 May 07, the applicant appealed the action to the imposing commander and to the appeal authority. As a member accepting nonjudicial punishment proceedings, the applicant had the right to have a hearing with the commander, to request that witnesses appear and testify, and to present evidence. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material...