RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01024
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His nonjudicial punishment (NJP) under Article 15 of the
Uniform Code of Military Justice (UCMJ) be removed from his
records.
2. His reetry (RE) code of 2X (First-term, second-term, or
career airman considered for but not selected for reenlistment
under the Selective Reenlistment Program (SRP)) on his
DD Form 214, Certificate of Release or Discharge from Active
Duty, be changed.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was given NJP and was subsequently discharged for allegedly
disobeying a no contact order. His NJP was based on the false
statements of others.
In support of his request, the applicant provides an expanded
statement and a copy of a statement of counsel pertaining to a
fellow airman with respect to her Article 15 proceedings.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate he enlisted
in the Regular Air Force as an airman basic (E-1) on 18 Jul 02
and was progressively promoted to the rank of senior airman
(E-4), effective and with a date of rank of 2 Jan 05.
On 10 Nov 06, the applicant was notified by his commander of his
intent to not recommend his reenlistment. The reasons for the
action included an Unfavorable Information File (UIF) as well as
the fact his name was placed on the Control Roster. He
acknowledged receipt and elected to submit an appeal, which was
ultimately denied. He acknowledged receipt of the denial on
30 Jan 07 and he was honorably discharged at the completion of
his required active service on 15 Mar 07 and issued an RE code
of 2X. He was credited with 4 years, 7 months, and 28 days of
total active service.
The remaining relevant facts pertaining to this application are
contained in the letters prepared by the appropriate offices of
the Air Force, which are attached at Exhibits C and D.
________________________________________________________________
AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial of the applicants request for
removal of the NJP action, indicating he has not demonstrated an
error or injustice. Neither the applicants record, nor the
Automated Military Justice Analysis and Management System
(AMJAMS), contains any record of the aforementioned NJP. The
fact that no record exists in AMJAMS does not mean the applicant
did not receive NJP; however, the absence of a record and the
lack or original documentation in his master personnel record
group may indicate that NJP action did not occur. Nonetheless,
he has not demonstrated that an error or injustice exists.
A complete copy of the AFLOA/JAJM evaluation is at Exhibit C.
AFPC/DPSOA recommends denial of the applicants request to
change his RE code, indicating there is no evidence of an error
or injustice. The record indicates he was not selected for
reenlistment due to his Unfavorable Information File (UIF)
containing a Control Roster. AFI 36-2606, Reenlistment in the
USAF, states commanders have selective reenlistment selection or
non-selection authority under the SRP. The SRP considers the
members Enlisted Performance Report (EPR) ratings, unfavorable
information from any substantiated source, the airmans
willingness to comply with Air Force standards, and/or the
airmans ability (or lack thereof) to meet required training and
duty performance levels. The applicants justification is in
reference to an Article 15 (which legal can find no record of)
and the reason for his separation. However, neither of these
have an impact on his RE code in this case as the RE code he was
issued was required based on his non-selection for reenlistment
by his commander under the SRP.
A complete copy of the AFPC/DPSOA evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 5 Nov 10 for review and comment within 30 days. As
of this date, no response has been received by this office
(Exhibit E).
________________________________________________________________
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 an error or injustice warranting
corrective action. We took notice of the applicants 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 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.
4. The applicants case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
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 the submission of
newly discovered relevant evidence not considered with this
application.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2010-01024 in Executive Session on 7 Dec 10, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2010-01024 was considered:
Exhibit A. DD Form 149, dated 1 Feb 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFLOA/JAJM, dated 30 Aug 10.
Exhibit D. Letter, AFPC/DPSOA, dated 19 Oct 10.
Exhibit E. Letter, SAF/MRBR, dated 5 Nov 10.
Panel Chair
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