RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02013
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His nonjudicial punishment under Article 15 of the Uniform Code
of Military Justice (UCMJ) be set aside.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He believes the investigation and subsequent Article 15
proceedings were based on false official statements made by his
superintendent. He was accused of having unprofessional
relationships with airmen under his supervision and using a
racial slur.
In support of his request, the applicant provides a personal
statement, a copy of the security police report of investigation,
and a copy of the record of nonjudicial punishment proceedings.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application are contained
in the letter prepared by the appropriate office of the Air
Force. Accordingly, there is no need to recite these facts in
this Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial. The applicant does not allege
error in how the Article 15 was processed and a review of the
record of nonjudicial punishment proceedings indicates that the
applicants rights were observed throughout the process of the
Article 15. The commander exercised the discretion that the
applicant granted him when the applicant accepted the Article 15.
The legal review showed that the commander did not act
arbitrarily or capriciously in making his decision. JAJM states
the applicant does not make a compelling argument that the Board
should overturn the commanders original decision based on
injustice. The commanders ultimate decision on the Article 15
action is firmly based on the evidence of the case and shows no
indication of having been influenced by the applicants claimed
false allegation or the chief master sergeants supposed personal
dislike for the applicant.
The 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 29 Jul 11 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. 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 Associate Chief of the Military Justice Division, Air Force
Legal Operations Agency, and adopt his 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-2011-02013 in Executive Session on 10 Nov 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 May 11, w/atchs.
Exhibit B. Letter, AFLOA/JAJM, dated 15 Jul 11.
Exhibit C. Letter, SAF/MRBR, dated 29 Jul 11.
Panel Chair
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