Search Decisions

Decision Text

AF | BCMR | CY2005 | BC-2003-00760A
Original file (BC-2003-00760A.doc) Auto-classification: Denied



                            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

Similar Decisions

  • AF | BCMR | CY2003 | BC-2003-00760

    Original file (BC-2003-00760.DOC) Auto-classification: Denied

    A complete copy of the AFLSA/JAJM evaluation is at Exhibit C. AFMOA/SGZF stated that the records and documents submitted indicated that the applicant received appropriate treatment for her addiction. The evidence of record indicates that the applicant's commander determined that she had committed the alleged offenses of being drunk while on duty, resulting in her nonjudicial punishments under Article 15 that reduced her in rank. Exhibit E. Letter, HQ USAF/JAA, dated 14 Jul 03.

  • AF | BCMR | CY2004 | BC-2003-03591

    Original file (BC-2003-03591.DOC) Auto-classification: Approved

    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. On 21 January 2003, applicant was notified of his commander's intent to impose nonjudicial punishment on him under Article 15, UCMJ. After reviewing the applicant’s submission and the evidence of...

  • AF | BCMR | CY2004 | BC-2003-03080

    Original file (BC-2003-03080.DOC) Auto-classification: Approved

    The applicant's EPR profile is as follows: PERIOD ENDING PROMOTION RECOMMENDATION 7 May 03 5 7 May 02 2 - Contested Report 4 Apr 01 5 4 Apr 00 5 4 Apr 99 5 4 Apr 98 5 4 Apr 97 4 _________________________________________________________________ AIR FORCE EVALUATION: AFLSA/JAJM recommends denial. Congress and the Secretary have designated the commander and the appeal authority the responsibility for determining the appropriateness of an otherwise lawful punishment. THOMAS S....

  • AF | BCMR | CY2004 | BC-2003-03818

    Original file (BC-2003-03818.DOC) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-03818 INDEX CODE: 131.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: By amendment at Exhibit F, he asks that his Promotion Sequence Number (PSN) 6991 to the grade of technical sergeant (E-6) for promotion cycle 03E6 be reinstated. After thoroughly reviewing the applicant’s submission and the...

  • AF | BCMR | CY2003 | BC-2002-04076

    Original file (BC-2002-04076.doc) Auto-classification: Denied

    In this case, the commander concluded that the applicant had assaulted his wife. Finally, although the actions taken against the applicant may have been instigated by his ex-wife’s allegations against him, the commander only took action after an investigation by the OSI substantiated misconduct on the applicant’s part. Exhibit F. Letter, SAF/MRBR, dated 9 May 03.

  • AF | BCMR | CY2008 | BC-2007-02942

    Original file (BC-2007-02942.doc) Auto-classification: Denied

    On 25 May 07, the commander set aside that portion of the nonjudicial punishment which called for the reduction in grade. DPSIDEP advises that only the reduction in grade was “set aside” and that punishment was not mentioned in the contested report; therefore, the report is accurate as written. _________________________________________________________________ The following members of the Board considered Docket Number BC-2007-02942 in Executive Session on 18 Dec 07 under the provisions of...

  • AF | BCMR | CY2002 | BC-2002-03509

    Original file (BC-2002-03509.doc) Auto-classification: Denied

    The applicant acknowledges in her application, as well as her responses to the Article 15, that she told her supervisor that she was having nasal surgery that, at the time, she knew was false. They provide information regarding the applicant’s original date of rank as a staff sergeant should the Board want to grant the relief requested. To date, a response has not been received.

  • AF | BCMR | CY2004 | BC-2004-01717

    Original file (BC-2004-01717.DOC) Auto-classification: Denied

    In support of his request applicant provided, a personal statement; and documentation associated with his Article 15 punishments, his referral EPRs and appeals, and his discharge review board process. JAJM states this case presented conflicting evidence to the commander and the appellate authority at the time of the Article 15 punishment. After considering the matters raised by the applicant, the commander determined that the applicant had committed "one or more of the offenses alleged"...

  • AF | BCMR | CY2003 | BC-2003-01295

    Original file (BC-2003-01295.DOC) Auto-classification: Denied

    Her original reporting date was 31 Dec 01 which required a DOS of 16 Jan 04. PCS retainability requirements are determined by the assignment RNLTD. _________________________________________________________________ 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...

  • AF | BCMR | CY2007 | BC-2007-00213

    Original file (BC-2007-00213.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-00213 INDEX CODE: 111.02 XXXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 27 July 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: Her records be considered for supplemental promotion consideration to the grade of chief master sergeant (CMSgt) (E-9) for promotion cycles 06E9. ...