RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-02888
						(Case 3)

		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

The Article 15, Uniform Code of Military Justice (UCMJ), dated 25 February 2003, be removed from his records and the punishment imposed upon him be set aside.
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APPLICANT CONTENDS THAT:

The Article 15 was initiated for an improper purpose and the imposing commander was disqualified from acting in that capacity and improperly gathered evidence against him without his knowledge and affording him an opportunity to respond.

The contested Article 15 was not offered to maintain good order and discipline or promote rehabilitation.  The purpose admitted by his immediate commander was to ensure that alleged bad checks that were dismissed by the military judge at his court-martial were made part of his record to be used against him at an already-planned administrative discharge board--to ensure that the board members would recommend his administrative discharge from the Air Force.

Not so long ago, he was a successful master sergeant and first sergeant, but he fell into the grips of a gambling addiction that put his finances in disarray and ultimately put him behind bars.  He knows he can recover from his addiction and his court-martial if given a fair opportunity.

In support of his request, applicant submits a personal statement, copies of the contested Article 15, the Report of Result of Trial, an Article 15, dated 13 January 2003, an AF Form 3112 (Record of Supplementary Action under Article 15, UCMJ) concerning the January 2003 Article 15 action, the Administrative Discharge Board notification and additional documents associated with the issues cited in his contentions.  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is 24 June 1985.  He was progressively promoted to the grade of master sergeant (E-7).  However, pursuant to an Article 15, the applicant was reduced to the grade of senior airman (E‑4), with a new date of rank (DOR) of 7 March 2003.

The relevant facts pertaining to this application, extracted from the applicant’s military records, 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 recommends the application be denied.  JAJM states that the evidence presented by the applicant is insufficient to warrant setting aside the Article 15 action and does not demonstrate an equitable basis for relief.  The applicant has provided no evidence of a clear error or injustice related to the nonjudicial punishment action.  The AFLSA/JAJM evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 3 October 2003 for review and response.  As of this date, no response has been received by this office (Exhibit D).
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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 timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We thoroughly and carefully reviewed the applicant’s complete submission in judging the merits of his case.  However, after reviewing the applicant’s submission and the evidence of record, we agree with the comments and opinions of AFLSA/JAJM and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  We are not convinced by the applicant’s submission that the Article 15, UCMJ, action was unjust or unwarranted for the offenses committed.  When initiating the Article 15 action and imposing the nonjudicial punishment, we believe the commander acted on the basis of information he determined to be reliable.  We are of the opinion that the applicant’s commander, being aware of all of the circumstances involved, was in the best position to determine whether the applicant should receive the Article 15 and what resultant punishment he should render.  Although the applicant presents detailed arguments, he has failed to provide compelling evidence to show error or injustice in the initiation of the Article 15 action, that the commander abused his discretionary authority when he imposed the nonjudicial punishment, that the punishment was too harsh, or that he was not afforded all rights granted by statute and regulation.  Since the respective Air Force office (AFLSA/JAJM) has sufficiently addressed the applicant’s contentions, we see no reason to further expand on these issues.  In view of the foregoing and in the absence of persuasive evidence to the contrary, we find no basis to recommend granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved.  Therefore, the request for a hearing is not favorably considered.
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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of 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 this application in Executive Session on 14 January 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2003-02888.

   Exhibit A.  DD Form 149, dated 19 Aug 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFLSA/JAJM, dated 11 Sep 03.
   Exhibit D.  Letter, SAF/MRBR, dated 3 Oct 03.