RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2006-03555
            INDEX CODE:  110.02

            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  4 MARCH 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  The Article 15 punishment imposed on her on 7 May  91  be  removed  from
her record.

2.  The letter pertaining to her denial of the Air Force Good Conduct  Medal
(AFGCM) be removed from her permanent military personnel records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Applicant makes no contentions;  she  only  asks  that  these  documents  be
removed from her records.

In support of her request, applicant provided copies of the  letter  denying
her  the  AFGCM  and  AF  Form  3070,  Record  of   Nonjudicial   Punishment
Proceedings.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________
STATEMENT OF FACTS:

The applicant entered active duty on 16 Mar 72.  She  retired  effective  31
Mar 92 in the grade of staff  sergeant  (SSgt)  (E-5)  for  maximum  service
allowed by policy.

On 25 Apr 91, while assigned at Travis Air Force Base, serving in the  grade
of SSgt, the applicant was offered nonjudicial punishment under Article  15,
Uniform Code of Military Justice (UCMJ), for failure to go to her  appointed
place of duty on or about 18 Apr 91, in violation of Article 86.  On  1  May
91, after consulting with her defense  counsel,  the  applicant  voluntarily
waived her right to demand trial by court-martial, and accepted  nonjudicial
punishment proceedings.  She requested a personal  presentation  before  the
imposing commander  and  also  submitted  a  written  presentation  for  the
commander’s consideration.  After considering the evidence as  well  as  the
applicant’s response, the  commander  found  the  applicant  guilty  of  the
offense alleged.  The applicant received  a  suspended  reduction  in  grade
from SSgt to SrA, forfeitures of $200 pay per month for two months,  and  30
days of extra duty.  She did not appeal  the  action,  and  the  Article  15
action became final after  being  reviewed  for  legal  sufficiency  at  two
separate levels and found to be legally sufficient on 11 Jun 91.

Additional relevant facts pertaining to this application  are  contained  in
the evaluations prepared by the appropriate offices of the Air  Force  found
at Exhibits C and D.

________________________________________________________________
AIR FORCE EVALUATION:

AFLOA/JAJM recommends denial of  the  applicant’s  request.   The  applicant
does not provide any  evidence  or  reason  to  support  her  request.   The
applicant provides absolutely no evidence of error or injustice  during  the
Article  15  process.   As  a  member   accepting   nonjudicial   punishment
proceedings, the applicant  had  the  right  to  have  a  hearing  with  the
commander, to have a spokesman at the hearing,  to  request  that  witnesses
appear and testify, and to present evidence.  The applicant availed  herself
of all her rights.  After her commander found  by  a  preponderance  of  the
evidence that she committed the  offense  alleged,  she  had  the  right  to
contest the determination or the severity of the punishment by appealing  to
the  next  higher  commander.   The  appeal  authority  may  set  aside  the
punishment, decrease its severity, or deny the appeal.  The applicant  chose
to not appeal the action, and she presents no evidence that she  was  denied
due process or that the  proceedings  were  unfair.   A  commander’s  action
should only be set aside when the evidence demonstrates an error or a  clear
injustice.  The applicant has not presented evidence of a  meaningful  error
or clear injustice in the Article 15 process, and there is  no  evidence  in
the record that the commander abused his discretion.

The JAJM evaluation is at Exhibit C.

AFPC/DPPPR recommends denial of the applicant’s request to remove the  AFGCM
denial letter.  The AFGCM denial letter  is  a  permanent  document  in  the
member’s official records and should not be removed.

The DPPPR evaluation is at Exhibit D.

_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 1 Feb 07, a copy of  the  Air  Force  evaluation  was  forwarded  to  the
applicant for review and comment within 30 days.   As  of  this  date,  this
office has received no response.

_________________________________________________________________
THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was not timely filed; however, it is in the interest  of
justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of  error  or  injustice.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinions and recommendations of the Air Force  offices  of  primary
responsibility and adopt their rationale as the  basis  for  our  conclusion
that the applicant has not  been  the  victim  of  an  error  or  injustice.
Therefore,  in  the  absence  of  evidence  to  the  contrary,  we  find  no
compelling  basis  to  recommend  granting  the  relief   sought   in   this
application.

_________________________________________________________________
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  Docket  Number     BC-2006-
03555 in Executive Session on 7 March 2007, under the provisions of AFI  36-
2603:

      Ms. Cathlynn B. Novel, Panel Chair
      Ms. Dee R. Reardon, Member
      Mr. Jeffery R. Shelton, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2006-
03555 was considered:

    Exhibit A.  DD Form 149, dated 22 Sep 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFLOA/JAJM, dated 15 Jan 07.
    Exhibit D.  Letter, AFPC/DPPPR, dated 25 Jan 07.
    Exhibit E.  Letter, SAF/MRBR, dated 1 Feb 07.




                                             CATHLYNN B. NOVEL
                                             Panel Chair