RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05825
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
The Article 15 imposed on 4 Mar 13 be removed from his records.
APPLICANT CONTENDS THAT:
Since he was a staff sergeant (E-5) at the time of his
punishment, his commander did not have the authority to reduce
him to the rank of airman first class (E-3).
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 12 Aug 08, the applicant commenced his enlistment in the Air
Force.
On 25 Feb 13, the applicant was offered nonjudicial punishment
(NJP) under Article 15 of the Uniform Code of Military Justice
(UCMJ) for dereliction of duty for developing an unprofessional
relationship with another airman and visiting the quarters of a
female airman. He was provided an opportunity to consult legal
counsel. He accepted the NJP, waiving his right to demand trial
by court-martial. He submitted a written presentation and
requested to make a personal appearance before the commander.
On 4 Mar 13, his commander found that he committed the alleged
offenses and imposed punishment consisting of reduction in rank
to airman first class (E-3), suspended through 3 Sep 13, and a
reprimand. The applicant did not appeal.
On 1 Mar 13, the applicant was promoted to the grade of staff
sergeant (E-5).
On 11 Aug 14, the applicant was honorably discharged in the
grade staff sergeant (E-5).
AIR FORCE EVALUATION:
AFPC/DPSOE recommends amending the AF Form 3070, Record of
Nonjudicial Punishment Proceedings, to reflect a suspended
reduction in rank from staff sergeant to senior airman. The
applicant was a senior airman when the Article 15 action was
initiated, and since his commander never placed his promotion on
hold or issued a nonrecommendation for promotion action, his
rank at the completion of the Article 15 action was staff
sergeant.
A complete copy of the AFPC/DPSOE evaluation is at Exhibit C.
AFLOA/JAJM recommends granting relief by setting aside or
mitigating the portion of the punishment which reduced the
applicants rank below of senior airman (E-4). Under Article
15, if the commander imposing the punishment is a lieutenant or
captain and the service member is in the grade of E-1 through
E-6, the maximum permissible punishment is forfeiture of 7 days
pay, 14 days restriction, 14 days extra duty, 7 days
correctional custody, a reprimand, and a reduction of one grade
for E-5 and below. Since the applicant was promoted to staff
sergeant (E-5) before the action was completed, it was
impermissible for his commander to reduce his rank to airman
first class (E-3). Because the applicants rank at the time of
punishment was staff sergeant (E-5), the part of the punishment
reducing him in rank below senior airman (E-4) should be
mitigated or set aside. However, this error does not warrant
setting aside the entire NJP as the applicant requests. The
applicants reduction was suspended and he was separated from
the military as a staff sergeant (E-5); therefore, the
impermissible reduction had no tangible effect on his rank
during his remaining time on active duty.
A complete copy of the AFLOA/JAJM evaluation is at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 29 Sep 14 for review and comment within 30 days
(Exhibit E). 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. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice warranting
partial relief. While the applicant contends that because his
commander did not have authority to reduce him in grade to
airman first class (E-3) because he held the grade of staff
sergeant (E-5) before the action was completed, the Article 15
in its entirety should be removed from his records. However,
because the applicant has not brought forth any evidence that
would convince us that he did not commit the misconduct that
formed the basis of the action, we are not convinced that its
removal is appropriate. Instead, we believe it would be
appropriate to simply correct the record to show that his
suspended reduction was to the grade of senior airman (E-4),
instead of airman first class (E-3). We believe this
constitutes full and fitting relief in this case. Therefore, we
recommend the applicants records be corrected to the extent
indicated below.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to the APPLICANT be corrected to show that the
nonjudicial punishment under the provisions of Article 15,
Uniform Code of Military Justice, initiated on 25 February 2013
and imposed on 4 Mar 2013, be amended to reflect reduction to
the grade of senior airman (E-4) rather than airman first class
(E3).
The following members of the Board considered AFBCMR Docket
Number BC-2013-05825 in Executive Session on 11 Dec 14 under the
provisions of AFI 36-2603:
, Chair
, Member
, Member
All members voted to correct the records as recommended. The
following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-05825 was considered:
Exhibit A. DD Form 149, dated 18 Dec 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOE, dated 9 Sep 14.
Exhibit D. Memorandum, AFLOA/JAJM, dated 16 Sep 14.
Exhibit E. Letter, SAF/MRBR, dated 29 Sep 14.
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