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AF | BCMR | CY2011 | BC-2011-01183
Original file (BC-2011-01183.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-01183 

COUNSEL: NO 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

The basis of the offense on his Article 15, “disorderly 
behavior,” be made consistent on all of his records, and all 
government agency’s records. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He has attempted to get employment with the airlines and they are 
receiving information which is inconsistent with the Article 15 
he received in April 2000. 

 

The applicant does not provide any evidence in support of his 
appeal. 

 

The applicant’s complete submission is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is a former member of the Regular Air Force who 
served from 2 June 1999 to 1 June 2005. He was trained and 
served as an Aircraft Structural Maintenance Technician and was 
progressively promoted to the grade of senior airman (E-4) 
effective 21 January 2003. 

 

On 19 April 2000, the applicant received non-judicial punishment 
for being disorderly on or about 17 December 1999, by displaying 
indecent materials to minors while on emergency leave. He 
received punishment consisting of a reprimand and 30 days extra 
duty. 

 

The applicant was honorably discharged effective 1 June 2005 for 
completion of required active service. He served six years on 
active duty. 

 

On 21 October 2011, SAF/MRBR, notified the applicant that he 
could submit a request to the Air Force Office of Special 
Investigations (AFOSI) to expunge or correct information 


concerning his Air Force service as reflected in the National 
Crime Information Center (NCIC). 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFLOA/JAJM recommends denial with regard to the applicant’s 
Article 15. JAJM states the applicant has not shown a clear 
error or injustice. JAJM indicates that the applicant’s issue 
appears not to be with the Article 15 itself, but rather how the 
events underlying the Article 15 have been reported elsewhere. 
The text of the commander’s reprimand gives a clue as to how the 
events that underpin the Article 15 may have been originally 
reported in law enforcement channels – “By displaying indecent 
materials to minors while you were on emergency leave, you have 
failed to meet the high standards of integrity required of airmen 
in today’s Air Force.” JAJM notes it is possible the applicant’s 
issue in this case has arisen from how the charges were initially 
reported to national criminal databases. This reporting is done 
contemporaneously with the criminal investigation and military 
justice action by Air Force law enforcement authorities - AFOSI 
and Security Forces. If any action by the Board is necessary, it 
should be directed to these Air Force entities to have them 
submit any necessary corrections to the national criminal 
databases. However, JAJM indicates there is no error in the fact 
that the commander commented in his reprimand on the facts 
underlying the charge against the applicant. Furthermore, a 
review of the non-judicial punishment action shows no error in 
the processing of the action. The applicant was given all of his 
rights throughout the process. He was able to present matters 
(with the assistance of legal counsel) to the commander for 
consideration before imposition of punishment. In addition, he 
was able to appeal the decision of his commander. 

 

The commander was in the best position to carefully weigh all of 
the evidence, make informed findings of fact, and arrive at a 
suitable punishment. The punishment imposed by Article 15 was 
appropriate to the offense and not unfairly harsh. 

 

The complete JAJM evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 28 October 2011 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 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 opinion and recommendation 
of the Air Force office of primary responsibility and adopt its 
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 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-2011-01183 in Executive Session on 8 December 2011, 
under the provisions of AFI 36-2603: 

 

 , Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2011-01183: 

 

 Exhibit A. DD Form 149, dated 18 Mar 11. 

 Exhibit B. Applicant’s Master Personnel Records. 

 Exhibit C. Letter, AFLOA/JAJM, dated 27 Apr 11. 

 Exhibit D. Letter, SAF/MRBR, dated 28 Oct 11. 

 

 

 

 

Chair 



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