RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-01122
            INDEX CODE:  111.02, 126.04

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The nonjudicial punishment under Article 15, imposed on 13 Jan 06,  be
declared void and expunged from his records, and  his  rank  of  staff
sergeant be restored.

By amendment, his Enlisted Performance Report (EPR) rendered  for  the
period 2 Oct 05 through 30 Jun 06 be declared void  and  removed  from
his records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was punished for infractions for which he was innocent and punished
too harshly for those that he was guilty of committing.

In  support  of  his  appeal,  the  applicant  provides  an   expanded
statement,  supportive  statements,  copies  of   the   Administrative
Discharge Board proceedings, his EPRs, and  electronic  mail  (e-mail)
concerning his requests for corrective action.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 28 Aug 96 for a  period
of four years, in the grade of airman basic.

On 29 Jun 04, the applicant, then a staff sergeant, was punished under
Article 15 for failure to go to his appointed place of duty; operating
a government-owned or leased vehicle while impaired  by  alcohol;  and
being physically in control of a vehicle while drunk.  The  punishment
consisted of a reduction to the grade of senior airman, forfeiture  of
$945.00 pay per month for two months, which would be remitted  without
further action on 28 Dec 04, 45 days of extra duty, and  a  reprimand.
The applicant appealed  the  punishment  but  it  was  denied  by  the
appellate authority.  On 27 Jul 04,  the  legal  authority  found  the
nonjudicial proceedings under Article 15 were legally sufficient.

On 13 Jan 06, he received an Article  15  for  being  absent,  without
authority,  from  a  mandatory  training  briefing.   The   punishment
consisted of a suspended reduction to the grade of airman first  class
through 12 Jul 06, at which time it would be remitted without  further
action.   On  26  Jun  06,  the  applicant's  commander  vacated   the
applicant’s suspended reduction to the grade  of  airman  first  class
after determining he was derelict in the  performance  of  his  duties
when he failed to submit the proper leave request for the   period  12
Jun 06 to 16 Jun 06.

Applicant's EPR profile follows:

      PERIOD ENDING    EVALUATION

      27 Apr 98        5
      27 Apr 99        5
      27 Apr 00        5
      27 Apr 01        5
      27 Apr 02        5
      27 Apr 03        5
       1 Oct 03        5
       1 Oct 04        4
       1 Oct 05        3
  *   30 Jun 06        1 (Referral)

* Contested report

Applicant was honorably discharged on 20 Oct 06 under  the  provisions
of AFI 36-3208  (Completion  of  Required  Active  Service).   He  was
credited with 10 years, 1 month, and 23 days of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denial indicating the applicant has not shown  a
clear error or injustice.  The two Article 15 punishments imposed were
appropriate and  not  unfairly  harsh.   Reduction  in  grade  was  an
authorized and commensurate punishment on both occasions.  The  second
reduction was suspended and would not have gone  into  effect  if  the
applicant had not violated the conditions of the suspension.

A complete copy of the AFLOA/JAJM evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  22
Aug 08 for review and comment within 30 days.  As  of  this  date,  no
response has been received by this office (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.  Sufficient relevant evidence has been presented to demonstrate the
existence of an injustice warranting corrective action.  We  note  the
applicant received the 13 Jan 06 Article 15 for being  absent  from  a
mandatory training briefing, and the punishment included  a  suspended
reduction from the grade of  senior  airman  to  airman  first  class.
After determining the applicant had been derelict in  the  performance
of his duties by  failing  to  submit  a  proper  leave  request,  his
commander  vacated  the  suspension.   Subsequently,  he  received   a
referral EPR closing  30  Jun  06  and  was  rendered  ineligible  for
promotion, as he had been tentatively selected for promotion to  staff
sergeant.   Normally,  we  would  not  be  inclined  to  disturb   the
discretionary judgments of commanding  officers,  who  are  closer  to
events, absent a strong showing of abuse of that authority.   However,
after a thorough review of the facts and circumstances of  this  case,
we believe sufficient doubt has been raised regarding the fairness  of
the imposed punishment, as well as  the  resulting  referral  EPR  and
promotion ineligibility.  In our  view,  the  imposed  punishment  was
unduly harsh for the offenses  committed.   Further,  we  believe  the
applicant may have been the victim  of  a  personality  conflict  that
existed between him and his supervisor.  We note  that  prior  to  the
rater of  the  contested  EPR  becoming  his  supervisor,  he  had  an
outstanding record of performance.  However, during her tenure as  his
supervisor, the evidence of record reveals a constant deterioration in
the applicant’s performance.  Additionally, we  note  that  during  an
Administrative Discharge Board hearing, the board found the  applicant
had not committed the majority of the offenses  alleged  against  him,
and recommended his retention in the Air Force.  In view of the above,
and to remove the possibility of an injustice, we  are  convinced  any
doubt  regarding  this  case  should  be  resolved  in  favor  of  the
applicant.  Accordingly,  we  recommend  the  applicant’s  records  be
corrected to the extent set forth below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that:

      a.  The nonjudicial punishment under Article 15,  Uniform   Code
of Military Justice (UCMJ), imposed on 13 Jan 06, be declared void and
expunged from his records, and all rights, privileges, and property of
which he may have been deprived be restored.

      b.  The AF IMT 910, Enlisted Performance  Report,  rendered  for
the period 2 Oct 05 through 30 Jun 06 be  declared  void  and  removed
from his records.

      c.  He was promoted to the grade of staff sergeant effective and
with a date of rank of 1 May 06.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2008-01122 in Executive Session on 16 July 2009, under the  provisions
of AFI 36-2603:

      Ms. Patricia J. Zarodkiewicz, Chair
      Mr. Garry G. Sauner, Member
      Mr. Robert S. Jack II, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 6 Mar 08, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFLOA/JAJM, dated 24 Jul 08.
     Exhibit D.  Letter, SAF/MRBR, dated 22 Aug 08.




                                   PATRICIA J. ZARODKIEWICZ
                                   Chair






AFBCMR BC-2008-01122




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 , be corrected to show that:

            a.  The nonjudicial punishment under Article 15, Uniform
Code of Military Justice (UCMJ), imposed on 13 Jan 06, be, and hereby
is, declared void and expunged from his records, and all rights,
privileges, and property of which he may have been deprived be
restored.

            b.  The AF IMT 910, Enlisted Performance Report, rendered
for the period 2 Oct 05 through 30 Jun 06 be, and hereby is, declared
void and removed from his records.

            c.  He was promoted to the grade of staff sergeant
effective and with a date of rank of 1 May 06.






    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency












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