Search Decisions

Decision Text

AF | BCMR | CY2010 | BC-2010-00742
Original file (BC-2010-00742.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00742 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

___________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

1. His Article 15 dated 14 Jul 08 be expunged from his records. 

 

2. His Article 15 dated 19 Jan 10 be expunged from his records. 

 

___________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His Article 15 dated 14 Jul 08 was in error because the punishment 
exceeded the one month (and/or 31 days), as prescribed by the 
governing AFI, and was not attached to an Unfavorable Information 
File (UIF). He should have held the rank of airman first class (E-
3) and would have been promoted to senior airman (E-4) in Jun 09. 
Therefore, the Article 15 dated 19 Jul 10 is in error because the 
rank listed is wrong due to an error in the first Article 15. 

 

In support of his request, the applicant provides a copy of his 
nonjudicial punishment package w/atchs, a copy of his AF Form 910, Enlisted Performance Report, and a copy of his application for 
correction/removal of evaluation reports. 

 

His complete submission, with attachments, is at Exhibit A. 

 

___________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is currently serving on active duty in the grade of 
airman first class (E-3). 

 

Additional relevant facts pertaining to this application, extracted 
from the applicant’s military records, are contained in the letter 
prepared by the appropriate office of the Air Force. 

 

___________________________________________________________________ 

 

 

 

 

 

 

AIR FORCE EVALUATION: 

 


AFLOA/JAJM recommends denial. JAJM states the applicant was 
charged on two different occasions: 1) For violation of Article 
92; for viewing pornography and 2) For violation of Article 92; for 
wrongfully using his government travel card to make unauthorized 
purchases. The applicant’s commander imposed nonjudicial 
punishment; after consulting with counsel, the applicant accepted 
the Article 15s and waived his right to trial by court-martial. He 
submitted a written presentation and made a personal appearance 
before the commander; however, the commander decided the applicant 
committed the alleged offense and imposed punishment consisting 
solely of reducing him to the grade of airman. The applicant did 
not appeal. The commander did not file the first Article 15 in his 
UIF; however, for the second Article 15, the applicant was reduced 
to the grade of airman basic, suspended through 10 Jul 10; 
forfeiture of pay of $56.00, suspended through 10 Jul 10; and a 
reprimand. The applicant did not appeal. The commander filed the 
second Article 15 in his UIF. A legal review of the nonjudicial 
punishment was found to be legally sufficient. 

 

JAJM states the applicant’s allegation of error in the nonjudicial 
punishment action is focused on the fact that he was reduced in 
rank, despite his commander’s decision to not file the action in 
the applicant’s UIF. JAJM believes the applicant’s assertion is 
misplaced in this case. The governing AFI requires commanders who 
impose nonjudicial punishment terms exceeding one month to file the 
action in the member’s UIF; however, if the punishment does not 
exceed one month, a UIF entry is optional. Although it may have 
long-lasting collateral ramifications, an unsuspended reduction in 
grade takes effect on the date the commander imposes punishment. 
As a result of this immediate effect, the governing AFI lists 
nonjudicial punishments consisting solely of an unsuspended 
reduction in grade as an “optional” UIF entry. The punishment was 
within the commander’s discretion and legal limits; therefore, JAJM 
cannot support the applicant’s request. 

 

The AFLOA/JAJM complete evaluation is at Exhibit B. 

 

___________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 2 Apr 10 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 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 applicant's submission, we 
are not persuaded that his uncorroborated assertions, in and by 
themselves, sufficiently persuasive to override the rationale 
provided by the Air Force. Therefore, we agree with the opinion 
and recommendation of the Air Force office of primary 
responsibility and adopt the rationale expressed as the basis for 
our decision that the applicant has failed to sustain his burden 
of having suffered either an error or injustice. Therefore, in 
the absence of persuasive 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 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 AFBCMR Docket Number 
BC-2010-00742 in Executive Session on 14 Dec 10, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 19 Feb 10, w/atchs. 

 Exhibit B. Letter, AFLOA/JAJM, dated 26 Mar 10. 

 Exhibit C. Letter, SAF/MRBR, dated 2 Apr 10. 

 

 

 

 

 

 Panel Chair 

 



Similar Decisions

  • AF | BCMR | CY2013 | BC 2013 04917

    Original file (BC 2013 04917.txt) Auto-classification: Approved

    On 15 Jul 13, his commander requested he be reinstated to the grade of E-3; however, the commander relied upon incorrect information concerning how much time he had to wait before submitting the request, and therefore failed to submit it on time. The applicant’s commander and first sergeant submitted letters of support for the applicant requesting the Board restore the applicant’s rank of E-3 with an effective date of rank of 16 May 13. However, if the Board votes to grant this request, as...

  • AF | BCMR | CY2013 | BC 2013 04779

    Original file (BC 2013 04779.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04779 ER COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His grade of airman first class (E-3) be reinstated as of 16 May 13. The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility (OPR) which are included at Exhibits C and D. AIR FORCE EVALUATION: AFLOA/JAJM recommends...

  • AF | BCMR | CY2014 | BC 2014 01056

    Original file (BC 2014 01056.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01056 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Article 15 and Unfavorable Information File (UIF) be removed from his record and that his rank be restored. AIR FORCE EVALUATION: AFLOA/JAJM recommends the Board not grant the relief sought regarding the Article 15 because there was no error or injustice with the process. THE BOARD DETERMINES THAT: The...

  • AF | BCMR | CY2010 | BC-2009-00707

    Original file (BC-2009-00707.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-00707 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her Article 15, nonjudicial punishment (NJP), and all actions associated with the punishment be removed; she be reinstated to active duty with her original date of rank; and her reentry (RE) code be changed to one that would allow her to return to...

  • AF | BCMR | CY2009 | BC-2008-01122

    Original file (BC-2008-01122.DOC) Auto-classification: Approved

    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. On 26 Jun 06, the applicant's commander vacated the applicant’s...

  • AF | BCMR | CY2014 | BC 2014 00797

    Original file (BC 2014 00797.txt) Auto-classification: Denied

    On 5 Nov 2012, he acknowledged receipt and indicated he had consulted a lawyer, was waiving his right to court-martial accepting nonjudicial punishment proceedings, had attached a written presentation, and requested a personal appearance. A member accepting Article 15 proceedings may submit written matters to, and have a hearing with, the commander imposing the punishment. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of...

  • AF | BCMR | CY2010 | BC-2010-00034

    Original file (BC-2010-00034.txt) Auto-classification: Denied

    JAJM states the applicant contends the injustice in this case are that the commanders did not follow the governing regulations for imposing nonjudicial punishment on a member in the grade of senior master sergeant and that he did not commit sexual assault against the accuser. The AFLOA/JAJM complete evaluation is at Exhibit B. AFPC/DPSIDEP recommends denying the removal of the applicant’s referral EPR from his records. With regard to the EPR removal, we are not persuaded by the evidence...

  • AF | BCMR | CY2014 | BC 2014 01119

    Original file (BC 2014 01119.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01119 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: 1. According to the documentation provided by the applicant: a. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon...

  • AF | BCMR | CY2011 | BC-2011-04128

    Original file (BC-2011-04128.txt) Auto-classification: Denied

    In support of his appeal, the applicant provides copies of his AF Form 3070A, Record of Nonjudicial Punishment Proceeding, multiple witness statements from trainees and coworkers, excerpts from the training records of several trainees who reported him, documentation of his success as a Military Training Instructor, and documentation related to the administration of his NJP and referral EPR. The reasons for the action were as follows: Violation of Article 93 of the UCMJ 1. The remaining...

  • AF | BCMR | CY2011 | BC-2011-03187

    Original file (BC-2011-03187.txt) Auto-classification: Denied

    The remaining relevant facts pertaining to this application, extracted from the applicant’s master personnel records, are described in the letters prepared by the Air Force offices of responsibility which are included at Exhibits C and D. ________________________________________________________________ AIR FORCE EVALUATION: AFLOA/JAJM recommends denial, indicating there is no evidence of an error or injustice. The author of the legal office opinion noted that the LOD determination was most...