ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-00760
INDEX CODE: 131.09
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her rank of E-6 be restored.
_________________________________________________________________
STATEMENT OF FACTS:
On 7 Oct 03, the Board considered and denied an application pertaining
to the applicant, in which she requested that her rank of E-6 be
restored. A complete copy of the Record of Proceedings is attached at
Exhibit I (with Exhibits A through H).
By letter, dated 4 Oct 04, the applicant requests reconsideration of
her appeal based on new evidence she has provided which, in her view,
shows the injustice she experienced, and the lack of character and
inappropriate actions her commander displayed during and after her
incidents.
She respectfully asks the Board to look past the fact she deserved
punishment. She will be the first to admit that punishment was
necessary. If her experience would have stopped at the punishment,
she would be able to accept what happened and put the experience
behind her. She wants the Board to look into the facts she has
provided to determine she is not exaggerating, and that she is telling
the truth. She asks the Board to restore her rank, not because she
did not deserve punishment, but because she was never given a chance
and was treated unjustly.
Applicant’s complete submission, with attachments, is at Exhibit J.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. In an earlier finding, the Board determined that there was
insufficient evidence to warrant any corrective action regarding the
applicant’s request to have her rank of E-6 restored. We have
reviewed the applicant’s most recent submission and find the evidence
provided insufficient to warrant a reversal of the Board’s previous
determination in this case. As was noted in her original appeal, she
was reduced in rank by nonjudicial punishments under Article 15 for
being drunk on duty, and no evidence was found of an abuse of
discretionary authority. The applicant has not provided any evidence
with this submission showing to our satisfaction that her commander
did, in fact, abuse his authority. In view of the foregoing, and in
the absence of sufficient evidence to the contrary, we adhere to the
previous decision in this case and conclude that no basis exists to
act favorably on the applicant’s request.
2. We took note of the applicant’s comments concerning her Enlisted
Performance Report (EPR) closing 14 Sep 02, as well as the
documentation pertaining to her appeal to the Evaluation Reports
Appeal Board (ERAB) to have the report declared void. Such a request
was not a part of her original appeal to the AFBCMR. Notwithstanding
this, no evidence has been presented which would lead us to believe
the report was an inaccurate assessment of her performance at the time
it was rendered. Accordingly, corrective action regarding her EPR is
not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of 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 23 Feb 05, under the provisions of AFI 36-2603:
Mr. Robert S. Boyd, Panel Chair
Mr. John B. Hennessey, Member
Mr. Patrick C. Daugherty, Member
The following additional documentary evidence pertaining to AFBCMR
Docket Number BC-2003-00760 was considered:
Exhibit I. Record of Proceedings, dtd 31 Oct 03, w/atchs.
Exhibit J. Letter, applicant, dated 4 Oct 04, w/atchs.
ROBERT S. BOYD
Panel Chair
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