RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-02600
INDEX CODE: 126.04
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His nonjudicial punishment under Article 15 be removed from his records.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The Article 15 was given because of racial prejudice. The airman in
question apologized and admitted to him that he was at fault. The
commander threw the book at him.
The applicant does not provide any supporting documents. His application
is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 14 June 1965. He was
progressively promoted to the grade of sergeant (E-4).
On 4 November 1968, nonjudicial punishment was offered to the applicant
under Article 15, UCMJ for committing an assault upon another airman by
striking him on the shoulder with his hand. On 5 November 1968, his
commander imposed punishment with a suspended reduction to airman first
class and forfeiture of $40 of his pay.
On 13 December 1968, he was honorably released from active duty, having
served 3 years and 6 months in the Regular Air Force. After having been
released from active duty, he was transferred to the Air Force Reserve and
remained there until 6 April 1970. On 7 April 1970, he enlisted in the
California Air National Guard and remained there until 22 May 1986 when he
was honorably released and transferred to the California Army National
Guard. He had served 15 years, 3 months and 24 days in the CA ANG. As of
the Retirement Year Ending 5 August 1986, he was credited with 19 years, 4
months and 1 day of satisfactory federal service.
The remaining relevant facts pertaining to his nonjudicial punishment, are
contained in the letter prepared by the appropriate office of the Air Force
at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFLSA/JAJM reviewed the application and recommends denial. JAJM states
that nonjudicial punishment provided commanders with an essential and
prompt means of maintaining good order and discipline for violations of the
law and also to promote positive behavior changes in service members
without the stigma of a court-martial conviction. Accepting the
proceedings is simply a choice of forum, not an admission of guilt. By
electing to resolve the allegation in the nonjudicial forum, he placed the
responsibility to decide whether he committed the offenses with his
commander.
The applicant’s assertion that the victim later claimed that the assault
was the victim’s fault is unsupported. Likewise, there is no evidence
presented to support the applicant’s claim that the punishment was the
result of racial prejudice. Due to the untimely filing of the application,
supporting documentation is no longer available. However, there is a
presumption that the applicant’s nonjudicial punishment action was
conducted in the normal manner and the Board may presume that there was
sufficient evidence for the commander to determine the offense had been
committed. The JAJM evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On behalf of the applicant, a pastor submits a character reference letter
and requests that the Article 15 be removed from the applicant’s files.
The incident occurred over 34 years ago. A copy of the letter is at
Exhibit E.
_________________________________________________________________
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 error or injustice. The applicant's complete submission was
thoroughly reviewed and his contentions were duly noted. However, we do
not find the applicant’s uncorroborated assertions sufficiently persuasive
to override the rationale provided by the Air Force office of primary
responsibility (OPR). The evidence of record indicates that the applicant
received nonjudicial punishment under Article 15 for wrongfully striking
another airman on the shoulder. Other than his own assertions, the
applicant has provided no evidence, which would lead us to believe he did
otherwise or that the actions taken to effect this nonjudicial punishment
were improper. Therefore, the Board is not inclined to remove this Article
15 from the applicant’s records absent a strong showing that the commander
who imposed the punishment abused his discretionary authority.
Accordingly, the Board concludes that no basis exists to recommend granting
the relief sought in this 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 AFBCMR 02-02600 in Executive
Session on 6 February 2003, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Vice Chair
Mr. Mike Novel, Member
Ms. Rita S. Looney, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 August 2002.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFLSA/JAJM, dated 20 September 2002.
Exhibit D. Letter, SAF/MRBR, dated 4 October 2002.
Exhibit E. Character Reference Letter, dated 6 November
2002.
THOMAS S. MARKIEWICZ
Vice Chair
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