RECORD OF PROCEEDINGS 
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  02-02600
							INDEX CODE:  126.04
    							COUNSEL:  NONE
    							HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His nonjudicial punishment under Article 15 be removed from his records.  

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APPLICANT CONTENDS THAT:

The Article 15 was given because of racial prejudice.  The airman in question apologized and admitted to him that he was at fault.  The commander threw the book at him. 

The applicant does not provide any supporting documents.  His application is at Exhibit A.  

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 14 June 1965.  He was progressively promoted to the grade of sergeant (E‑4).  

On 4 November 1968, nonjudicial punishment was offered to the applicant under Article 15, UCMJ for committing an assault upon another airman by striking him on the shoulder with his hand.  On 5 November 1968, his commander imposed punishment with a suspended reduction to airman first class and forfeiture of $40 of his pay.  

On 13 December 1968, he was honorably released from active duty, having served 3 years and 6 months in the Regular Air Force.  After having been released from active duty, he was transferred to the Air Force Reserve and remained there until 6 April 1970.  On 7 April 1970, he enlisted in the California Air National Guard and remained there until 22 May 1986 when he was honorably released and transferred to the California Army National Guard.  He had served 15 years, 3 months and 24 days in the CA ANG.  As of the Retirement Year Ending 5 August 1986, he was credited with 19 years, 4 months and 1 day of satisfactory federal service. 

The remaining relevant facts pertaining to his nonjudicial punishment, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C.  

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AIR FORCE EVALUATION:

AFLSA/JAJM reviewed the application and recommends denial.  JAJM states that nonjudicial punishment provided commanders with an essential and prompt means of maintaining good order and discipline for violations of the law and also to promote positive behavior changes in service members without the stigma of a court-martial conviction.  Accepting the proceedings is simply a choice of forum, not an admission of guilt.  By electing to resolve the allegation in the nonjudicial forum, he placed the responsibility to decide whether he committed the offenses with his commander.  

The applicant’s assertion that the victim later claimed that the assault was the victim’s fault is unsupported.  Likewise, there is no evidence presented to support the applicant’s claim that the punishment was the result of racial prejudice.  Due to the untimely filing of the application, supporting documentation is no longer available.  However, there is a presumption that the applicant’s nonjudicial punishment action was conducted in the normal manner and the Board may presume that there was sufficient evidence for the commander to determine the offense had been committed.  The JAJM evaluation is at Exhibit C.  

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On behalf of the applicant, a pastor submits a character reference letter and requests that the Article 15 be removed from the applicant’s files.  The incident occurred over 34 years ago.  A copy of the letter is at Exhibit E.  

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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 error or injustice.  The applicant's complete submission was thoroughly reviewed and his contentions were duly noted.  However, we do not find the applicant’s uncorroborated assertions sufficiently persuasive to override the rationale provided by the Air Force office of primary responsibility (OPR).  The evidence of record indicates that the applicant received nonjudicial punishment under Article 15 for wrongfully striking another airman on the shoulder.  Other than his own assertions, the applicant has provided no evidence, which would lead us to believe he did otherwise or that the actions taken to effect this nonjudicial punishment were improper.  Therefore, the Board is not inclined to remove this Article 15 from the applicant’s records absent a strong showing that the commander who imposed the punishment abused his discretionary authority.  Accordingly, the Board concludes that no basis exists to recommend granting the relief sought in this application.  

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered AFBCMR 02-02600 in Executive Session on 6 February 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 August 2002.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFLSA/JAJM, dated 20 September 2002.
    Exhibit D.  Letter, SAF/MRBR, dated 4 October 2002.
    Exhibit E.  Character Reference Letter, dated 6 November 
                2002.