RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-03591
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His grade of senior airman (E-4) be reinstated.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His commander intended to restore his rank sometime after the
imposition of the Article 15 punishment as long as he was able to
fully accept responsibility for his actions and serve as a role model.
Due to an oversight, no supplemental action on the Article 15 took
place.
In support of his request, applicant submits a copy of the Article 15
action and statements from his former commanders. The applicant’s
complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 15 August 2000, applicant enlisted in the Regular Air Force in the
grade of airman basic (E-1) for a period of six years. He was
progressively promoted to the grade of senior airman (E-4), effective
29 January 2003. He was reduced to the grade of airman first class (E-
3), with a new date of rank (DOR) of 6 February 2003, pursuant to an
Article 15.
On 21 January 2003, applicant was notified of his commander's intent
to impose nonjudicial punishment on him under Article 15, UCMJ. The
misconduct applicant had allegedly committed was for possession of an
alcoholic beverage while under the legal drinking age of 21, on or
about 16 October 2002, in violation of Article 134, UCMJ. The
applicant consulted a lawyer, waived his right to demand trial by
court-martial and accepted nonjudicial punishment. After considering
all matters presented to her, the commander found that the applicant
did commit one or more of the offenses alleged. The commander imposed
punishment consisting of forfeiture of $150.00 pay per month for two
months and a reduction to the grade of airman first class (E-3), with
a new date of rank of 6 February 2003. Applicant did not appeal the
punishment. The Article 15 action was filed in the applicant’s
Unfavorable Information File (UIF).
Applicant's Enlisted Performance Report (EPR) profile follows:
Period Ending Evaluation
14 Apr 02 5 - Immediate Promotion
14 Apr 03 4 - Ready for Promotion
_________________________________________________________________
AIR FORCE EVALUATIONS:
AFLSA/JAJM recommends the reduction in rank be set aside. JAJM states
that because of administrative oversight, the commander’s intentions
to mitigate the reduction in rank were not followed. Given all the
circumstances, it is in the best interest of the Air Force to return
the applicant to the rank of E-4 as his commander intended. If the
reduction is set aside, the applicant’s rank reverts to his original
date of rank to E-4 and the nonjudicial punishment remains a part of
his records. The AFLSA/JAJM evaluation, with attachment, is at
Exhibit C.
HQ AFPC/DPPPWB defers to the recommendation of AFLSA/JAJM. DPPPWB
states that, should the Board grant the applicant’s request, his date
of rank to E-4 would be 29 January 2003. The HQ AFPC/DPPPWB
evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:
Copies of the Air Force evaluations were forwarded to applicant on 30
January 2004 for review. As of this date, no response has been
received by this office (Exhibit E).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to demonstrate the
existence of an injustice. After reviewing the applicant’s submission
and the evidence of record, to include the commander’s statements, we
are persuaded that the commander who imposed the Article 15 punishment
intended to restore the applicant to the grade of senior airman (E-4)
sometime after the imposition of the punishment. However, due to an
administrative oversight, no supplemental action on the Article 15
took place. We, therefore, are in agreement with the opinion and
recommendation of the appropriate Air Force office, AFLSA/JAJM, that
the evidence supports setting aside the applicant’s reduction in rank.
In view of the foregoing, we recommend the applicant’s records be
corrected to the extent indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that so much of the
punishment as pertains to a reduction from senior airman (E-4) to
airman first class (E-3), imposed on him under Article 15, UCMJ, on 6
February 2003, be set aside and all rights, privileges and property of
which he may have been deprived be restored.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 25 March 2004, under the provisions of AFI 36-
2603:
Mr. Robert S. Boyd, Panel Chair
Mr. Albert C. Ellett, Member
Ms. Beth M. McCormick, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered in connection with
AFBCMR Docket Number BC-2003-03591.
Exhibit A. DD Form 149, dated 21 Oct 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFLSA/JAJM, dated 8 Dec 03.
Exhibit D. Letter, HQ AFPC/DPPPWB, dated 5 Jan 04.
Exhibit E. Letter, SAF/MRBR, dated 30 Jan 04.
ROBERT S. BOYD
Panel Chair
AFBCMR BC-2003-03591
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:
The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to show that so much of the
punishment as pertains to a reduction from senior airman (E-4) to
airman first class (E-3), imposed on him under Article 15, UCMJ, on 6
February 2003, be, and hereby is, set aside and all rights, privileges
and property of which he may have been deprived be restored.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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