RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03205
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Article 15 be set aside and his rank (and all allowances) be
restored to the grade of master sergeant (E-7).
APPLICANT CONTENDS THAT:
The investigation into an alleged adultery charge was incomplete
and there is no evidence of an adulterous affair. The
interviewing officer did not speak to the person with whom he was
accused of having an affair with, and his wife was not
interviewed. Further, the commander never obtained witness
statements against him. He provides a signed statement from his
wife and the person he allegedly had the adulterous affair with;
both statements corroborate his contention no affair occurred. He
also provides an unsigned memorandum from an Area Defense Counsel
(ADC) member.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 6 Dec 93, the applicant entered the Regular Air Force.
On 28 May 14, the applicants commander notified him he was being
considered for nonjudicial punishment (NJP) under Article 15.
On 5 Jun 14, the applicant acknowledged receipt of punishment
under Article 15 for adultery, lying about the relationship on two
occasions, and a violation of a no contact order. The punishment
consisted of reduction in grade to technical sergeant (E-6) and a
reprimand.
On 10 Jun 14, the applicant appealed his punishment. His appeal
was denied by both his squadron and group commander
On 30 Oct 14, the applicant retired from active duty as a
technical sergeant (E-6), effective 1 Nov 14, and was credited
with 20 years, 10 months, and 25 days of active service.
The remaining relevant facts pertaining to this application are
contained in the memoranda prepared by the Air Force offices of
primary responsibility (OPR), which are attached at Exhibits C
and D.
AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial indicating there is no evidence of an
error or an injustice. The applicant does not make a compelling
argument the Board should overturn the commanders original NJP
decision on the basis of injustice or insufficient evidence. It
is his burden to provide the board with all evidence to support
his claims. In this case, he failed to submit his NJP or the
evidence presented to him. He only submits two statements from
witnesses that it appears he procured; it is unclear whether these
were ever presented to the commander for consideration. The base
legal office provided all of the evidence used against him and
there is clearly enough evidence to support the commanders
finding. In addition, the commanders ultimate decision on the
NJP action was reviewed on multiple levels for legal sufficiency
and it was determined that the commanders decision was rooted in
firm evidence of the case and the punishment decisions was well
within the limits of the commanders authority and discretion.
A complete copy of the AFLOA/JAJM evaluation is at Exhibit C.
AFPC/DPSOE recommends denial indicating there is no evidence of an
error or an injustice. The applicant received an Article 15 for
adultery, lying about the relationship on two occasions, and a
violation of a no contact order. His punishment consisted of a
reduction in grade to technical sergeant (E-6) and a reprimand.
He appealed the punishment but his appeal was denied by both his
squadron and group commander. AFLOA/JAJMs position to deny the
applicants request is supported; however, if the Board determines
an error or injustice has occurred, and elects to restore the
grade of master sergeant (E-7), the appropriate date of rank and
effective date is 1 Feb 11.
A complete copy of the AFPC/DPSOE evaluation is at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 9 Jan 15 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. We took
notice of the applicants complete submission, to include his
witness statements, 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
of injustice. Therefore, in the absence of evidence to the
contrary, we find no basis to recommend granting the requested
relief.
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-2014-03205 in Executive Session on 21 May 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 31 Jul 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFLOA/JAJM, dated 6 Nov 14.
Exhibit D. Memorandum, AFPC/DPSOE, dated 6 Dec 14.
Exhibit E. Letter, SAF/MRBR, dated 9 Jan 15.
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