ECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-00367

		COUNSEL:  NONE

		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

1.  The Article 15 he received on 14 Jun 99 be removed from his 
records.

2.  Award of the Air and Space Campaign Medal with one Bronze 
Service Star (BSS) and the Air Force Outstanding Unit Award 
(AFOUA) with eight Oak Leaf Clusters (OLCs).  

3.  His rank of senior airman (SrA) (E-4) be reinstated.

4.  His Reenlistment (RE) code of 4E (Grade is airman first 
class or below and airman completed 31 or more months (55 months 
for a 6-year enlistees), if a first-term airman; or, grade is 
airman first class or below and the airman is a second-term or 
career airman) be changed to allow to enlist in the Air National 
Guard (ANG).

________________________________________________________________

APPLICANT CONTENDS THAT:

Due to the limited time he had left on active duty he was unable 
to adequately appeal the nonjudicial punishment.

He should receive award of the Air and Space Campaign Medal with 
one BSS for his service in support of Operations ALLIED FORCE 
and NOBLE ANVIL.

Several devices are not listed in his records from previously 
awarded AFOUA.

He needs his RE code changed to join the ANG.

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

________________________________________________________________

STATEMENT OF FACTS:

On 6 Apr 92, the applicant commenced his enlistment in the 
Regular Air Force.

On 14 Jun 99, the applicant received nonjudicial punishment 
(NJP) under Article 15 for willfully disobeying a superior 
commissioned officer and making a false official statement.  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 declined to 
make a personal appearance before the commander.  On 21 Jun 99, 
his commander found that he committed the alleged offenses and 
imposed punishment consisting of reduction in rank, forfeiture 
of pay for two months, and 15 days of extra duty.  The applicant 
appealed the decision and his appeal was denied on 6 Jul 99.

On 31 Aug 99, the applicant was discharged with service 
characterized as honorable, with an RE code of 4E,  and was 
credited with 7 years, 4 months, and 29 days of active service.

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 through F.

________________________________________________________________

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denial of the applicant’s request to remove 
the contested Article 15 indicating there is no evidence of an 
error or injustice.  The applicant has not identified any errors 
or injustices in the Article 15 action.  He simply states he was 
unable to make a stronger appeal due to his limited time he had 
left on active duty.  By waiving his right to court-martial, he 
accepted that his commander would decide whether and how much 
punishment was appropriate for the offenses.  The applicant’s 
commander was in the best position to carefully weigh all 
evidence, make informed findings of fact, and arrive at a 
suitable punishment.  In addition, the commander's decision and 
subsequent punishment were within the discretionary limits of his 
authority.  The applicant was afforded all his rights and there 
is no evidence the commander acted arbitrarily or capriciously or 
that he violated the applicant’s due process rights.

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

AFPC/DPSID recommends denial of his request for award of the Air 
and Space Campaign Medal with one BSS and additional awards of 
the AFOUA.

The Air and Space Campaign Medal is awarded to service members 
of the Air Force who, after 24 Mar 99, participated in or 
directly supported a significant United States military 
operation designated by the Chief of Staff of the Air Force.  
The service member must be assigned or attached to a unit 
engaged in the operation and be engaged in direct support for at 
least 30 consecutive or 60 nonconsecutive days.  The Air and 
Space Campaign Medal is issued for support of Operation ALLIED 
FORCE between 24 Mar and 10 Jun 99 and for support of Operation 
NOBLE ANVIL from 24 March 99 to 20 Jul 99.

A thorough review of the applicant's official military personnel 
record revealed no documentation to verify he served in support 
of Operations ALLIED FORCE or NOBLE ANVIL.  Furthermore, there 
was no documentation showing that he participated in a military 
operation that was awarded the Air and Space Campaign Medal.

The AFOUA is awarded to numbered units that have distinguished 
themselves by exceptionally meritorious service or outstanding 
achievement that clearly sets the unit above and apart from 
similar units.  Numbered subordinate organizations can be 
recommended to share in their numbered parent organizations 
AFOUA award nomination.

The applicant’s entitlement to the AFOUA with one Silver OLC was 
verified and his records will be administratively corrected to 
reflect the award.  However, there was no evidence in the 
applicant’s submission or his records that indicate he is 
entitled to any additional awards for the AFOUA.  

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

AFPC/DPSOA recommends denial of the applicant’s request to 
change his RE code indicating there is no evidence of error or 
injustice.  The applicant was ineligible to remain on active 
duty based on his RE code and had to separate.

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

AFPC/DPSOE defers to the recommendation of AFLOA/JAJM and notes 
the applicant received a reduction in rank as part of his 
punishment of the Article 15 action. 

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

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He never intentionally disobeyed an order or made a false 
official statement, but rather stated a goal that he would get 
the vehicle properly registered; however, he was unable to 
accomplish registering the vehicle due to the bank losing the 
title to the vehicle.  

A complete copy of the applicant’s response, with attachment, is 
at Exhibit G.

________________________________________________________________

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 
notice of the applicant's complete submission, to include his 
rebuttal response, in judging the merits of the case; however, 
we agree with the opinions and recommendations of the Air Force 
office of primary responsibility and adopt their rationale as 
the basis for our conclusion the applicant has not been the 
victim of an error or injustice.  The applicant has provided no 
evidence which would lead us to believe the Article 15 and 
subsequent reduction in rank was contrary to the provisions of 
the governing regulation, unduly harsh, or disproportionate to 
the offenses committed; or that his commander abused his 
discretionary authority.  Furthermore, we found no evidence the 
contested RE code was erroneously assigned or does not 
accurately reflect the circumstances of his separation.  In 
addition, there is no evidence showing the applicant served in a 
unit in support of a military operation that was awarded the Air 
and Space Campaign Medal.  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 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-2013-00367 in Executive Session on 12 Nov 13, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

?
The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2013-00367 was considered:

     Exhibit A.  DD Form 149, dated 16 Jan 13, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFLOA/JAJM, dated 1 Mar 13.
     Exhibit D.  Letter, AFPC/DPSID, dated 22 Apr 13.
     Exhibit E.  Letter, AFPC/DPSOA, dated 28 May 13.
     Exhibit F.  Letter, AFPC/DPSOE, dated 7 Jun 13.
     Exhibit G.  Letter, SAF/MRBR, dated 5 Jul 13.
     Exhibit H.  Letter, Applicant, undated, w/atch.




                                  
                                   Panel Chair