ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-01793

	XXXXXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

In the applicant’s request for reconsideration, he provides four letters of character reference in support of the following original requests:

	  a.  The Article 15 he received on 26 Jan 01 be set aside and removed from his records.

	  b.  The Enlisted Performance Report (EPR) rendered on him for the period 7 Nov 00 through 6 Nov 01 be voided and removed from his records.

	  c.  He be awarded as a minimum an Air Force Commendation Medal for his assignment to Naval Air Station Keflavik.

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STATEMENT OF FACTS:

On 16 Jan 01, while serving in the grade of technical sergeant  (E-6), proceedings under Article 15 were initiated against the applicant for the violation of Article 95 of the Uniform Code of Military Justice (UCMJ), “Resisting Arrest,” and Article 134, “Disorderly Conduct and Drunkenness.”  On 19 Jan 01, the applicant accepted proceedings under Article 15 and waived his right to trial by court martial and elected to make a personal appearance before his commander and submit a written presentation.  On 26 Jan 01, the applicant’s commander found that the applicant committed one or more of the offenses charged.  He imposed punishment of reduction to the grade of staff sergeant (E-5), suspended for six months, forfeiture of $1,003.00 pay, suspended for six months, and a reprimand.  The applicant appealed the punishment.  On 21 Feb 01, the appellate authority denied the applicant’s appeal.  An EPR was rendered on the applicant closing out 6 Nov 01 with an overall rating of “4.”

On 5 Nov 02, the AFBCMR considered and denied the applicant’s requests indicated above.  On 18 Dec 02, the applicant submitted five letters of character reference in support of his appeal.

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THE BOARD CONCLUDES THAT:

After again reviewing this application and the evidence provided in support of the appeal, the majority of the Board remains unpersuaded that the applicant has been the victim of an error or injustice.  The majority of the Board notes that only one of the individuals that provided the character references had first-hand knowledge of the incident in question, the applicant’s first sergeant at the time.  While the letters attest to the applicant’s excellent duty performance and character, with the exception of the first sergeant, they do not shed any new light on the incident.  The Board weighed very heavily the information and opinions contained in the first sergeant’s letter.  However, a majority of the board does not believe it overrides the evidence of record.  While it is apparent that the first sergeant viewed the incident differently from the commander, this is not a totally unusual occurrence.  The ultimate responsibility to determine the appropriate action to be taken was the commander’s.  A majority of the Board finds that the commander acted completely within his authority and do not find evidence that his actions were either arbitrary or capricious.  Therefore, the majority of the Board finds no basis on which to grant the requested relief.

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RECOMMENDATION OF THE BOARD:

A majority of the Board finds insufficient evidence of error or injustice and recommends the application be denied.

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The following members of the Board considered Docket Number 02-01793 in Executive Session on 7 January 2003, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

By a majority vote, the Board voted to deny applicant’s request.  Ms. 	 voted to grant the applicant’s requests but did not desire to submit a minority report.  The following documentary evidence was considered:

    Exhibit H.  Record of Proceedings, dated 21 Nov 02, w/atchs.
    Exhibit I.  Letter, Lt Col 	, dated 27 Nov 02.
    Exhibit J.  Letter, 16HMXS/CCF, dated 27 Nov 02.
    Exhibit K.  Letter, Col 	, dated 30 Nov 02.
    Exhibit L.  Letter, Col 	, undated.

								
								Panel Chair

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
			FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of XXXXXXXX, XXX-XX-XXXX

	I have carefully reviewed the evidence of record and the recommendation of the Board members.  A majority found that applicant had not provided sufficient evidence of error or injustice and recommended the case be denied.  I concur with that finding and their conclusion that relief is not warranted.  Accordingly, I accept their recommendation that the application be denied.

	Please advise the applicant accordingly.

							
							Director
							Air Force Review Boards Agency