RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00235
INDEX CODE: 126.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records reflect a final disposition of his charge of larceny.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was given nonjudicial punishment for larceny in 2007.
Documents generated by federal background checks reflect the
larceny charge is pending.
In support of his request, the applicant provides documents
extracted from his military personnel records.
The applicants complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 19 August
2003.
The applicant did on or about 27 November 2006 and 3 December
2006, steal in excess of $190 from the Army Air Force Exchange
Services (AAFES) by fraudulently returning merchandise for a
higher value than what he purchased the items for. For this
offense he received nonjudicial punishment under the provisions
of Article 15, UCMJ. His punishment consisted of a suspended
reduction to the grade of airman first class through 29 July
2007, forfeiture of $197.00 pay for two months and a reprimand.
The applicant appealed the decision and the commander denied his
appeal.
In addition to his nonjudicial punishment, the applicant was
restricted from Base Exchanges and was allowed to enter only if
escorted by someone in his chain of command. On 18 January 2007,
the applicant traveled to Vicenza, Italy, and shopped at the Base
Exchange. Based on the applicants violation of the restriction
order and a subsequent false statement, the commander vacated the
suspended reduction of rank on 3 April 2007.
The applicant was discharged on 6 July 2007 with a general (under
honorable conditions) discharge, under the provisions of AFI 36-
3208, Misconduct (Minor Infractions). He served 3 years,
10 months and 17 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial. JAJM states the applicants issue
does not appear to be with the Article 15 itself and a review of
the record shows that the applicant was provided all of his
rights and privileges due under Article 15, UCMJ. The
applicants issue is with a pending larceny charge that he says
is reflected on his military records. However, the applicant has
provided no documentation showing a pending larceny charge.
Further, the Automated Military Justice Analysis & Management
System (AMJAMS) shows only that the applicant received
nonjudicial punishment in January 2007 and then a vacated action
in April 2007. AMJAMS shows that both the nonjudicial punishment
and the vacation action were finalized in early 2007. The
applicant has not shown a clear error or injustice.
The JAJM complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 21 May 2010, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days (Exhibit
D). 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 timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. We took notice
of the applicants complete submission in judging the merits of
the case; however, we agree with the opinion and recommendation
of the Air Force office of primary responsibility and adopt its
rationale as the basis for our conclusion the applicant has not
been the victim of an error or injustice. Therefore, in the
absence of evidence to the contrary, we find no basis to
recommend granting the relief sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an error or injustice; the
application was denied without a personal appearance; and 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 AFBCMR Docket
Number BC-2010-00235 in Executive Session on 10 August 2010,
under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2010-00235 was considered:
Exhibit A. DD Form 149, dated 18 December 2009.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFLOA/JAJM, dated 12 May 2010.
Exhibit D. Letter, SAF/MRBR, dated 21 May 2010.
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