RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03478
COUNSEL:
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
1. His CMS Forms 2098, Duty Status Change, effective 13 Nov 12 and 14 Dec 12, be declared void and removed from his records.
2. His AF Form 707, Officer Performance Report (OPR) (Lt thru Col), rendered for the period 31 October 2010 thru 30 October 2011, be declared void and removed from his records. (administratively resolved).
APPLICANT CONTENDS THAT:
His records unjustly reflect time in military confinement since he was found not guilty of the misconduct which led to his confinement. Specifically, the presence of these documents has the potential to cause unjust concern and possible bias towards his military career.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in the grade of captain (0-3).
On 1 Dec 11, the applicants AF Form 707, Officer Performance Report (OPR) (Lt thru Col), rendered for the period 31 Oct 10 thru 30 Oct 11, was referred to the applicant due to the rating and comments. Specifically, he accepted time-off given as a result of questionable information he provided to senior leaders.
On 6 Dec 11, the applicants counsel appealed the referral OPR on his behalf, indicating that it may not be appropriate because the cited criminal allegations were under investigation.
On 13 Nov 12, a CMS 2098 was initiated placing the applicant in pre-trial confinement.
On 14 Dec 12, a CMS 2098 was initiated releasing the applicant from military confinement.
On 11 Jun 13, the applicant pled not guilty and was found not guilty at a General Courts-Martial (GCM) of 11 specifications of false official statements, 7 specifications of conduct unbecoming an officer and gentleman, 2 specifications of assault, 1 specification of destroying military property, and 1 specification of conduct which was prejudicial to good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces.
On 22 May 14, AFPC/DPSID notified the applicant that the Evaluation Report Appeals Board (ERAB) approved to void the contested OPR.
On 22 May 14, an AF Form 77, Letter of Evaluation, was initiated that indicated the applicant was not rated for the period 31 Oct 10 thru 30 Oct 11 and the report was removed by order of the Secretary of the Air Force.
On 12 Jun 14, AFPC/DPTOS notified the applicant that he has failed to exhaust his available administrative avenues of relief in regards to the removal of his CMS Forms 2098. Specifically, he should appeal to the Case Management System (CMS) in accordance with the provisions of AFI 36-2134 and the Personnel Services Delivery Guide.
The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFLOA/JAJM did not provide a recommendation. In this case, the applicant was accused of committing various crimes which were referred to a GCM; however, due to evidence of further misconduct and a desire that the initial charges be withdrawn, the case was dismissed. Nevertheless, charges were once again referred but the applicant was found not guilty. In this respect, a military judge concluded that prosecutors presented insufficient evidence to prove the applicants guilt beyond a reasonable doubt. However, the negative comments contained in the applicants OPR and the duty status change forms documenting the applicant being placed in pre-trial confinement are related to the charged misconduct for which the applicant was found not guilty.
A complete copy of the AFLOA/JAJM evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicants counsel on 2 Jul 14 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D).
THE BOARD CONCLUDES THAT:
1. The application was timely filed.
2. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. In this respect, we note this Board is the highest administrative level of appeal within the Air Force. As such, an applicant must first exhaust all available avenues of administrative relief provided by existing law or regulations prior to seeking relief before this Board, as required by the governing Air Force Instruction. The Air Force office of primary responsibility has reviewed this application and indicated there is an available avenue of administrative relief the applicant has not first pursued. In this case, the applicant has not provided any evidence to indicate that he has appealed to CMS for a resolution to his issue. In view of this, we find this application is not ripe for adjudication at this level, as there exists a subordinate level of appeal that has not first been depleted. Therefore, relief beyond that already granted administratively is not warranted.
THE BOARD DETERMINES THAT:
The applicant be notified that he has not exhausted all available avenue of administrative relief prior to submitting his application to the AFBCMR; and the application will only be reconsidered upon exhausting all subordinate avenues of administrative relief.
The following members of the Board considered AFBCMR Docket Number BC-2013-03478 in Executive Session on 16 Sep 14, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-03478 was considered:
Exhibit A. DD Form 149, dated 15 Aug 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFLOA/JAJM, dated 17 Sep 13.
Exhibit D. Letter, SAF/MRBR, dated 2 Jul 14.
AF | BCMR | CY2014 | BC 2014 00936
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00936 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: Her AF Form 707, Officer Performance Report (OPR) (Lt thru Col) rendered for the period 15 Mar 12 through 15 Feb 13, be removed from her official record. A complete copy of the AFPC/DPSIDE evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to...
AF | BCMR | CY2013 | BC 2012 03981
The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force, which is at Exhibit C, D, F, H, I, J and K. ________________________________________________________________ _ AIR FORCE EVALUATION: 1. Further, based on the BOI and a self-obtained polygraph examination, the applicant requested the NJP be set-aside; however, his request was denied. While we note the applicant requests further legal review,...
AF | BCMR | CY2011 | BC-2010-01553
The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate offices of the Air Force, which are attached at Exhibits C, D and E. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPAMN notes no BCMR action is warranted for the OSB reflecting board certified “no” for the 1 Dec 09 promotion board because the applicant did not submit the AF Form 2096 prior to the convening of the board. ...
AF | BCMR | CY2012 | BC-2012-04010
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04010 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. The AF Form 3070A, Record of Nonjudical Punishment Proceedings, reflects the following: Block 3.a. The complete DPSID evaluation is at Exhibit D. AFPC/DPSOE does not provide a recommendation.
AF | BCMR | CY2014 | BC 2014 01056
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 | CY2007 | BC-2006-02328
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-02328 INDEX CODE: 105.01 COUNSEL: JOHN N. PAGE III HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 4 Feb 08 _________________________________________________________________ APPLICANT REQUESTS THAT: He be reinstated in appellate leave status to complete his General Court- Martial (GCM) appeal process from the Air Force Court of Criminal Appeals (AFCCA) to the Court of Appeals...
AF | BCMR | CY2014 | BC 2014 00467
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00467 COUNSEL: NONE INDICATED HEARING DESIRED: YES APPLICANT REQUESTS THAT: Her non-judicial punishment (NJP) under Article 15 of the Uniform Code of Military Justice (UCMJ) received on 2 December 2013 be set aside and the Unfavorable Information File (UIF) be removed from her record. Her EPR which indicates she received an Article 15 for making a false official statement should...
AF | BCMR | CY2011 | BC-2011-02911
The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility, which are attached at Exhibits C, D, E, F, and G. ________________________________________________________________ AIR FORCE EVALUATION: AFLOA/JAJM recommends denial of her request to remove the Article 15 and states, in part, nonjudicial punishment is authorized by Article 15, UCMJ (10 U.S.C. The complete AFPC/PB evaluation is at Exhibit...
AF | BCMR | CY2013 | BC 2013 05042
AIR FORCE EVALUATION: AFLOA/JAJM recommends denial of the applicants request to set aside her GCM conviction, as it pertains to Charge I, making a false official statement, and its specifications. Further, we believe the applicants record should be corrected to show that on 3 February 2011, the date after she was released from MSR until 6 September 2013, the date the AFCCA affirmed the findings and sentence, she was on appellate leave without pay and points. THE BOARD RECOMMENDS...
AF | BCMR | CY2007 | BC-2006-02660
Applicant received nonjudicial punishment in 2005 proceedings. The first request was denied, but a second request, which contained additional statements of support, was granted on 16 Jun 06. ___________________________________________________________________ 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...