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

IN THE MATTER OF:	DOCKET NUMBER:  02-01793

	XXXXXXXXXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

The applicant requests reconsideration of the following previously denied 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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RESUME OF CASE:

On 5 Nov 02, the AFBCMR considered and denied the applicant’s requests indicated above.  On 7 Jan 03, the Board reconsidered the applicant’s appeal after he submitted five letters of character reference.  After reviewing the applicant’s complete evidence of record to include the new evidence, the Board again denied the applicant’s requests.

On 12 Feb 03, the applicant requested reconsideration of his case for a second time and submitted two new statements of support, one verifying the amount of alcohol they observed the applicant consuming and the other from an individual giving the details of an incident he had with Navy Security.  On 26 Mar 03, the applicant submitted an additional letter of support attesting to the bad reputation of the Naval Security personnel and questioning the accuracy of the details regarding the incident involving the applicant (Exhibit S).

On 8 Aug 03, the applicant submitted a statement from another Air Force member stationed at Keflavik during the timeframe of his incident recounting a similar negative encounter he had with Naval Security.  By a majority vote, the Board determined that this evidence was new but not relevant and did not meet the criteria for reconsideration.  Accordingly, the applicant’s request was denied (Exhibit T).

In an undated letter faxed on 3 Nov 03, the applicant again requests reconsideration of his case.  In support of his request he provides a letter from the Group Building Manager providing details of the incident in which the applicant was involved.  The Group Building Manager opines that the incident got completely out of hand due to a lack of communication between the applicant and Naval security personnel (Exhibit U).

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THE BOARD CONCLUDES THAT:

The majority of the Board again finds insufficient evidence that the applicant has been the victim of an error or injustice.  The latest statement submitted by the applicant does not differ significantly in scope from previous statements considered by the Board.  Additionally, the applicant offers no rationale for why this evidence was not presented with his initial appeal or with his previous requests for reconsideration.  A majority of the Board does not find a sufficient basis in the new evidence to conclude that the actions of the applicant’s commander were arbitrary or capricious and thus should be overturned.  Therefore, in the absence of compelling evidence to the contrary, the majority of the Board does not find it appropriate to grant the relief requested.

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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 14 Jan 04, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

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

    Exhibit S.  Second Addendum Record of Proceedings, dated 7 May
                03, w/atchs.
    Exhibit T.  Letter, Applicant, undated, w/atch.
    Exhibit U.  Letter, Applicant, undated, w/atch.

								
								Panel Chair

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

SUBJECT:  AFBCMR Application of XXXXXXXXXX, 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.  However, I agree with the minority member that a degree of relief is warranted.

	The applicant’s record clearly shows that the incident at the heart of this case was not characteristic of his normal conduct and performance.  He has doggedly persisted in his quest for relief from the Board, to include asking his commander to again review the circumstances of his case.  While the commander has chosen not to change his view of the incident, I note that his first sergeant believes that the punishment was too severe under the circumstances.  Additionally, the applicant has submitted several letters attesting to a pattern of unprofessional conduct by Navy security personnel at the base of occurrence.  In that regard, I note that the minority member in this case originally voted to deny, but has been persuaded by the additional evidence that a measure of relief is warranted.  Given the total circumstances of this case, I, too, believe enough doubt exists to warrant giving the applicant some relief.  Of the requests made by the applicant, I believe it is appropriate to set aside the Article 15 and to remove the EPR from his record.  However, I do not believe that it would be appropriate to award him a decoration as he has requested.  Accordingly, it is my decision that the Article 15 imposed on him on   26 January 2001 be set aside and the EPR rendered for the period 7 November through 6 November 2001 be declared void and removed from his record.

	Please advise the applicant accordingly.

							
							Director
							Air Force Review Boards Agency

AFBCMR 00-02913

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to XXXXXXXXXX, XXX-XX-XXXX, be corrected to show that:

		a.  The non-judicial punishment imposed under the provision of Article 15, Uniform Code of Military Justice, initiated on 16 January 2001, and imposed on 26 January 2001, be, and hereby is, declared void and expunged from his records, and all rights, privileges and property of which he may have been deprived be restored.

		b.  The Enlisted Performance Report (AB thru TSgt), AF Form 910, rendered for the period 7 November 2000 through 6 November 2001, be, and hereby is, declared void and removed from his records.

	It is further directed that he be provided supplemental consideration for promotion to the grade of master sergeant (E-7) beginning with cycle 01E7.

	If selected for promotion to master sergeant by supplemental consideration, he be provided any additional supplemental consideration required as a result of that selection.

	If AFPC discovers any adverse factors during or subsequent to supplemental consideration that are separate and apart, and unrelated to the issues involved in this application that would have rendered the applicant ineligible for the promotion, such information will be documented and presented to the Board for a final determination on the individual’s qualifications for the promotion.

	If supplemental promotion consideration results in the selection for promotion to the higher grade, immediately after such promotion the records shall be corrected to show that he was promoted to the higher grade on the date of rank established by the supplemental promotion and that he is entitled to all pay, allowances, and benefits of such grade as of that date.

		
		Director
		Air Force Review Boards Agency