RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05514
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
1. His official written response memorandums for record (MFR)
to his nonjudicial punishment (NJP) be included with his Article
15 paperwork in his military personnel folder and Officer
Selection Record (OSR).
2. Duplicate copies of the AF Form 3070C, Record of Nonjudicial
Punishment Proceedings (Officer), be removed from his military
personnel records and his officer selection record (OSR).
(administratively resolved)
APPLICANT CONTENDS THAT:
Official written rebuttals to the non-judicial punishment under
Article 15 should be included in his personnel records and OSR.
However, when he checked his virtual AFPC records, his rebuttal
MFRs were not included, contrary to assurances from the Judge
Advocate (JA) and Area Defense Counselor (ADC) they would be.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
31 May 00 and currently serves in the grade of Major (0-4).
During the rating period 11 Feb 12 through 21 Sep 12 the
applicant received an Article 15 for driving a motor vehicle
under the influence of alcohol.
On 17 Mar 14, AFPC/DPSIRP administratively removed the duplicate
pages from the applicants AF Form 3070C in his electronic
personnel record in the Automated Records Management System
(ARMS).
The remaining relevant facts pertaining to this application are
contained in the memorandum prepared by the Air Force office of
primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial indicating there is no evidence of
an error or an injustice regarding the applicants official
written response to his NJP not being included in his personnel
folder and OSR. The applicant was offered NJP proceedings
authorized by Article 15, Uniform Code of Military Justice
(UCMJ) on 6 September 2012. The applicant consulted with a
lawyer, accepted NJP, and submitted a written presentation for
the commander's consideration. After considering the evidence
and matters submitted by the applicant, the commander determined
the applicant committed the offense of physically operating a
vehicle while drunk in violation of Article 111, UCMJ. As
punishment, the applicant was required to forfeit $3,369.00 per
month for two months and he was reprimanded. The commander
decided to file the action in the applicant's OSR. Based on the
guidance of AFI 51-202, Nonjudicial Punishment, para 6.12,
evidence and other written materials considered as a basis for
imposing punishment, or vacating a suspended punishment, or
submitted by the member in mitigating, extenuation, or defense
or on appeal are supporting documentation and not part of the
record. Therefore, the applicant's response to his Article 15
should be filed in the servicing SJA's office, but not the
personnel or OSR records.
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
applicant on 30 May 14 for review and comment within 30 days
(Exhibit D). As of this date, no response has been received by
this office.
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 regarding the
applicants official written response to his NJP not being
included in his personnel folder and OSR. We took notice of the
applicants 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 (OPR) and adopt
its rationale as the basis for our conclusion the applicant has
not been the victim of an error of injustice. Therefore, in the
absence of evidence to the contrary, we find no basis to
recommend granting the requested relief beyond that rendered
administratively.
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-2013-05514 in Executive Session on 4 Nov 13 under the
provisions of AFI 36-2603:
Ms., Panel Chair
Mr., Member
Mr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Nov 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFLOA/JAJM, dated 30 Jan 14.
Exhibit D. Letter, SAF/MRBR, dated 30 May 14.
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