RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-03139 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

1. The Article 15 she received on 14 May 08 be set aside. 

 

2. Her Enlisted Performance Reports (EPR), rendered for the 
periods of 1 Jun 07 through 31 May 08 and 1 Jun 08 through 
31 May 09, be declared void and removed from her military 
personnel records. 

 

3. She receives supplemental promotion consideration for all 
relevant cycles. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

Her Article 15 should be set aside because she was later 
diagnosed with Grave’s disease. This condition was never taken 
into consideration and it significantly contributed to her 
behavior that led to the Article 15 and subsequent EPRs. 

 

Her supervisor and commander created a hostile work environment 
after her Article 15 punishment that denied her a fair 
opportunity to move beyond her mistakes and rehabilitate. 

 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted in the Regular Air Force on 25 Feb 97. 

 

On 14 May 08, the applicant received an Article 15 for 
disobeying a lawful order of a superior commissioned officer, 
three specifications of dereliction of duty, and adultery, in 
violation of Articles 90, 92, and 134 of the Uniform Code of 
Military Justice (UCMJ), respectively. As a result, her 
punishment consisted of reduction to the grade of Staff Sergeant 


(E-5), forfeiture of $2,705.40 pay per month for two months 
(suspended), and a reprimand. 

 

On 14 May 08, the applicant acknowledged receipt of the Article 
15 punishment and, on 19 May 08, elected to appeal the 
punishment and submit statements on her behalf. 

 

On 19 May 08, the applicant’s commander denied her appeal and on 
21 May 08, the appellate authority denied the appeal. On 22 May 
08, the Article 15 was reviewed and determined to be legally 
sufficient. 

 

The following is a summary of her most recent EPR ratings: 

 

RATING PERIOD PROMOTION RECOMMENDATION 

 

 10 Jan 11 5 

 31 May 10 5 

 *31 May 09 3 

 *31 May 08 2 (referral) 

 31 May 07 5 

 

* Contested Reports 

 

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, D, and E. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFLOA/JAJM recommends denial of the applicant’s request to set 
aside her non-judicial punishment (NJP), indicating the 
applicant has not shown a clear error or injustice. The 
applicant alleges an injustice that punishment was rendered 
without considering her undiagnosed medical condition, which can 
result in behavioral and personality problems. However, she 
does not allege error in how the Article 15 was processed. 
There is no indication that the subsequent diagnosis of Grave’s 
disease was a contributing factor, causing the applicant to 
commit adultery, engage in unprofessional relationships with 
mental health patients, or violate a “no contact” order. 

 

The applicant fails to make a compelling argument that the Board 
should overturn the commander’s original nonjudicial punishment 
decision on the basis of injustice. Except for her contention 
of her undiagnosed medical condition, the applicant offers no 
evidence in her submission that she did not, in fact, commit the 
criminal activity of adultery, engaging in unprofessional 
relationships, or violating a “no contact” order with which she 
was charged. She simply offers the proposition that she 
believes her medical condition contributed to her committing 
these offenses. 


A complete copy of the AFLOA/JAJM evaluation is at Exhibit C. 

 

AFPC/DPSID recommends denial of the applicant’s request to 
remove the contested EPRs from her military record, indicating 
there is a lack of corroborating evidence provided by the 
applicant. The applicant has not provided compelling evidence 
to show that the reports were unjust or inaccurate as written. 

 

A complete copy of the AFPC/DPSID evaluation is at Exhibit D. 

 

AFPC/DPSOE indicates that in view of the fact AFLOA/JAJM found 
no error or injustice requiring correction and AFPC/DPSID 
determined the EPRs are accurate as written, supplemental 
promotion consideration should not be awarded. 

 

A complete copy of the AFPC/DPSOE evaluation is at Exhibit E. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant reiterates her request to have the Article 15 set 
aside and her EPRs rendered for the periods of 1 Jun 07 through 
31 May 08 and 1 Jun 08 through 31 May 09 be voided. In 
addition, she would like for her issues with her EPRs to be 
viewed as separate from the Article 15 issue. She alleges that 
her leadership during the reporting period of 1 Jun 08 through 
31 May 09, demonstrated blatant bias and showed no consideration 
to her behavior associated with an undiagnosed medical condition 
during that period. She goes on to elaborate on specific 
circumstances surrounding the events leading up to her contested 
performance reports as well as her Article 15 punishment. She 
accepts responsibility for her actions, but believes she was 
continuously punished for the same incident and her undiagnosed 
medical condition contributed to her behavior issues in which 
she had no control over. She requests the board consider all 
the factors surrounding her Article 15 and contested EPRs as 
well as the second, third, and fourth degree effects these 
incidents have had on her especially with her EPRs for promotion 
testing. 

 

________________________________________________________________ 

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 an error or injustice. We took 
careful notice of the applicant's complete submission, including 
her rebuttal response, 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. The applicant’s contentions 
are duly noted; however, we do not find these assertions, in and 
by themselves, sufficiently persuasive to override the evidence 
of record or the rationale provided by the Air Force Legal 
Operations Agency and other pertinent advisories. We are not 
persuaded by the evidence that the actions taken by her 
commander were beyond his scope of authority, inappropriate, or 
arbitrary and capricious. Therefore we do not find a basis to 
recommend granting the relief sought. 

 

________________________________________________________________ 

 

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-2012-03139 in Executive Sessions on 2 May 2013 and 
9 May 2013, under the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 17 Jul 12, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFLOA/JAJM, dated 15 Oct 12. 

 Exhibit D. Letter, AFPC/DPSID, dated 11 Feb 13. 

 Exhibit E. Letter, AFPC/DPSOE, dated 8 Mar 13. 

 Exhibit F. Letter, SAF/MRBR, dated 31 Mar 13. 

 

 

 

 

 

 Panel Chair