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AF | BCMR | CY2003 | BC-2002-01793A
Original file (BC-2002-01793A.doc) Auto-classification: Denied

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


IN THE MATTER OF:      DOCKET NUMBER:  02-01793

      XXXXXXXXXXXXXXX  COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

In the applicant’s request for reconsideration, he provides  four  letters
of character reference in support of the following original requests:

        a.  The Article 15 he received on 26  Jan  01  be  set  aside  and
removed from his records.

        b.  The Enlisted Performance Report (EPR) rendered on him for  the
period 7 Nov 00 through 6 Nov 01 be voided and removed from his records.

        c.  He be awarded as a minimum an Air Force Commendation Medal for
his assignment to Naval Air Station Keflavik.

_________________________________________________________________

STATEMENT OF FACTS:

On 16 Jan 01, while serving in the grade  of  technical  sergeant   (E-6),
proceedings under Article 15 were initiated against the applicant for  the
violation of Article 95 of the Uniform Code of  Military  Justice  (UCMJ),
“Resisting Arrest,” and Article 134, “Disorderly Conduct and Drunkenness.”
 On 19 Jan 01, the applicant accepted proceedings  under  Article  15  and
waived his right to trial by court martial and elected to make a  personal
appearance before his commander and submit a written presentation.  On  26
Jan 01, the applicant’s commander found that the applicant  committed  one
or more of the offenses charged.  He imposed punishment  of  reduction  to
the grade of staff sergeant (E-5), suspended for six months, forfeiture of
$1,003.00 pay, suspended for six months, and a reprimand.   The  applicant
appealed the punishment.  On 21 Feb 01, the appellate authority denied the
applicant’s appeal.  An EPR was rendered on the applicant  closing  out  6
Nov 01 with an overall rating of “4.”

On 5 Nov 02, the AFBCMR considered and  denied  the  applicant’s  requests
indicated above.  On 18 Dec 02, the applicant submitted  five  letters  of
character reference in support of his appeal.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

After again reviewing  this  application  and  the  evidence  provided  in
support of the appeal, the majority of the Board remains unpersuaded  that
the applicant has been the victim of an error or injustice.  The  majority
of the Board notes that only one of  the  individuals  that  provided  the
character references had first-hand knowledge of the incident in question,
the applicant’s first sergeant at the time.  While the letters  attest  to
the  applicant’s  excellent  duty  performance  and  character,  with  the
exception of the first sergeant, they do not shed any  new  light  on  the
incident.  The Board weighed very heavily  the  information  and  opinions
contained in the first sergeant’s letter.   However,  a  majority  of  the
board does not believe it overrides the evidence of record.  While  it  is
apparent that the first sergeant viewed the incident differently from  the
commander, this  is  not  a  totally  unusual  occurrence.   The  ultimate
responsibility to determine the appropriate action to  be  taken  was  the
commander’s.  A majority of the  Board  finds  that  the  commander  acted
completely within his authority and do not find evidence that his  actions
were either arbitrary or capricious.  Therefore, the majority of the Board
finds no basis on which to grant the requested relief.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the Board finds insufficient evidence of error or  injustice
and recommends the application be denied.

__________________________________________________________________

The following members of the Board considered Docket  Number  02-01793  in
Executive Session on 7 January 2003, under the provisions of AFI 36-2603:

      Mr. Joseph G. Diamond, Panel Chair
      Ms. Kathleen Graham, Member
      Mr. Joseph A. Roj, Member

By a majority vote, the Board voted  to  deny  applicant’s  request.   Ms.
Graham voted to grant the applicant’s  requests  but  did  not  desire  to
submit  a  minority  report.   The  following  documentary  evidence   was
considered:

    Exhibit H.  Record of Proceedings, dated 21 Nov 02, w/atchs.
    Exhibit I.  Letter, Lt Col L---, dated 27 Nov 02.
    Exhibit J.  Letter, 16HMXS/CCF, dated 27 Nov 02.
    Exhibit K.  Letter, Col K---, dated 30 Nov 02.
    Exhibit L.  Letter, Col L---, undated.



                                             JOSEPH G. DIAMOND
                                             Panel Chair

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                 FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of XXXXXXXX, XXX-XX-XXXX

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found that applicant
had not provided sufficient evidence of error or injustice and
recommended the case be denied.  I concur with that finding and their
conclusion that relief is not warranted.  Accordingly, I accept their
recommendation that the application be denied.

      Please advise the applicant accordingly.




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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