RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02853
INDEX CODE 126.04, 131.01
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
The Article 15 imposed on him on 29 Nov 99 be removed from his Officer
Selection Record (OSR).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He separated from active duty on 5 Dec 00 and had no service
commitment or association with the military from that time. Three
years after entering the Reserves he discovered the Article 15 in his
OSR. AFI 36-2608 indicates Article 15s will remain in the OSR until
the officer retires, separates, or dies.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
AFI 36-2608, paragraph 2.5.5, states “For Lt Colonels and below, keep
Article 15 on file in the selection record until the officer is
afforded one in promotion zone (IPZ) or above promotion zone (APZ)
consideration (for colonels it is the first or subsequent
consideration to brigadier general), and subsequent approved appeal to
have the Article 15 removed from the OSR is received. If an officer
does not appeal to have the Article 15 removed from the OSR after an
IPZ or APZ consideration, the Article 15 will remain in the OSR until
the officer retires, separates or dies.”
During the period in question, the applicant was a Reserve captain
serving on extended active duty and assigned to the 28th Logistics
Support Squadron at Ellsworth AFB, SD, as the flight commander,
Logistics Plans and Programs.
On 29 Nov 99, the applicant’s commander imposed Article 15 punishment
in the form of forfeiture of $1000 per month for two months and a
reprimand for wrongfully using a government computer for storing
pornographic and other sexually explicit materials on divers occasions
between, on, or about 31 Aug 99, and on or about 28 Sep 99. The
reprimand mentioned this misconduct was aggravated by the fact that it
followed a Letter of Advisement from the commander on prior misuses of
government computer equipment. The applicant did not request a
personal appearance but did submit written materials. He appealed
with written materials; however, his appeal was denied on 21 Dec 99.
On 5 Jan 00, the applicant was notified of the 8th Air Force
commander’s (8AF/CC) intent to file the Article 15 in the applicant’s
OSR. The applicant submitted written matters for consideration. On
20 Jan 00, the 8AF/CC directed the Article 15 be filed in the
applicant’s HQ USAF OSR and Officer Command Selection Record.
According to HQ AFPC/DPPPOO, based on the applicant’s 6 Dec 97 date of
rank (DOR) for captain, he would have been eligible to meet the
Calendar Year 2002B (CY02B) Major Selection Board, which convened on
3 Oct 02.
When the applicant left active duty on 5 Dec 01, he was transferred to
the Air Force Reserve as he did not resign his commission. He still
maintained a Reserve affiliation because he still held a Reserve
commission.
HQ ARPC/DPBS confirmed by a 10 Jan 05 email that, in fact, the
applicant was considered, but not selected, by the Fiscal Year 2005
(FY05) major board that convened in Feb 04, as he contends in
Exhibit D.
Pursuant to an AFBCMR Staff inquiry, the applicant faxed copies of his
25 Aug 04 administrative attempt to have the 8AF/CC remove the Article
15 from his OSR. The applicant’s Reserve wing and group commanders
supported his request. However, on 6 Dec 04, the 8AF/CC denied the
applicant’s request to remove the Article 15. Copies of this appeal
are located at Exhibit E.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ ARPC/DPB advises [erroneously] that the applicant has not been
considered for promotion by either an active duty promotion board or a
Reserve promotion board since the Article 15 was placed in his record
[see Statement of Facts]. He will meet the Fiscal Year 2006 (FY06)
Line and Health Professions Major Selection Board the week of 7 Feb
05. Once the board adjourns, he can then request removal of the
Article 15 from the OSR. Therefore, denial is recommended.
A complete copy of the evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant contends the advisory erred in stating he had not been
considered for promotion by either an active duty or a Reserve
promotion board. He asserts he was considered for promotion by the
V0405A Major Selection board in Feb 04 but was not selected [See
Statement of Facts]. He also has taken the additional steps of
appealing to have the Article 15 removed administratively from his OSR
without success [See Exhibit E]. He is an asset to the Air Force and
his career should not end prematurely.
His complete rebuttal, with attachments, is at Exhibit D.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. After a thorough review of the
evidence of record and the applicant’s submission, we are not
persuaded the Article 15 should be removed from his OSR. HQ ARPC/DPBS
has confirmed that, contrary to their advisory, the applicant was
considered by a promotion board and is eligible to request removal of
the Article 15. We note the applicant had already received a Letter
of Advisement from his commander for “prior misuses” of government
computer equipment. Despite this warning, he repeated his misconduct,
which resulted in the Article 15. On 6 Dec 04, despite support from
the wing and group commanders, the 8AF/CC denied the applicant’s
request to remove the Article 15 from his OSR. We are reluctant to
overturn a numbered Air Force commander’s decision, especially given
the applicant’s choice to continue his misconduct despite an earlier
admonishment. The applicant has not demonstrated to our satisfaction
that the Article 15 should be removed from his OSR at this time.
Absent persuasive evidence to the contrary, we conclude the applicant
has not sustained his burden of having suffered either an error or an
injustice and find no compelling basis to recommend granting the
relief sought.
_________________________________________________________________
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 15 February 2005 under the provisions of AFI 36-
2603:
Mr. Robert S. Boyd, Panel Chair
Mr. Robert H. Altman, Member
Ms. Martha A. Maust, Member
The following documentary evidence relating to AFBCMR Docket Number BC-
2004-02853 was considered:
Exhibit A. DD Form 149, dated 5 Aug 04, w/atchs.
Exhibit B. Letter, HQ ARPC/DPB, dated 6 Oct 04.
Exhibit C. Letter, SAF/MRBR, dated 8 Oct 04.
Exhibit D. Letter, Applicant, dated 15 Dec 04, w/atchs.
Exhibit E. Fax, Applicant, dated 19 Jan 05, w/atchs.
ROBERT S. BOYD
Panel Chair
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