RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02013 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

 

 

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APPLICANT REQUESTS THAT: 

 

His nonjudicial punishment under Article 15 of the Uniform Code 
of Military Justice (UCMJ) be set aside. 

 

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APPLICANT CONTENDS THAT: 

 

He believes the investigation and subsequent Article 15 
proceedings were based on false official statements made by his 
superintendent. He was accused of having unprofessional 
relationships with airmen under his supervision and using a 
racial slur. 

 

In support of his request, the applicant provides a personal 
statement, a copy of the security police report of investigation, 
and a copy of the record of nonjudicial punishment proceedings. 

 

His complete submission, with attachments, is at Exhibit A. 

 

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STATEMENT OF FACTS: 

 

The relevant facts pertaining to this application are contained 
in the letter prepared by the appropriate office of the Air 
Force. Accordingly, there is no need to recite these facts in 
this Record of Proceedings. 

 

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AIR FORCE EVALUATION: 

 

AFLOA/JAJM recommends denial. The applicant does not allege 
error in how the Article 15 was processed and a review of the 
record of nonjudicial punishment proceedings indicates that the 
applicant’s rights were observed throughout the process of the 
Article 15. The commander exercised the discretion that the 
applicant granted him when the applicant accepted the Article 15. 
The legal review showed that the commander did not act 
arbitrarily or capriciously in making his decision. JAJM states 
the applicant does not make a compelling argument that the Board 


should overturn the commander’s original decision based on 
injustice. The commander’s ultimate decision on the Article 15 
action is firmly based on the evidence of the case and shows no 
indication of having been influenced by the applicant’s claimed 
false allegation or the chief master sergeant’s supposed personal 
dislike for the applicant. 

 

The JAJM complete evaluation is at Exhibit B. 

 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 29 Jul 11 for review and comment within 30 days. As of this 
date, this office has received no response. 

 

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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 took notice 
of the applicant's complete submission in judging the merits of 
the case; however, we agree with the opinion and recommendation of 
the Associate Chief of the Military Justice Division, Air Force 
Legal Operations Agency, and adopt his rationale as the basis for 
our conclusion that the applicant has not been the victim of an 
error or injustice. Therefore, in the absence of evidence to the 
contrary, we find no basis to recommend granting the relief sought 
in this application. 

 

_________________________________________________________________ 

 

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 AFBCMR Docket Number 
BC-2011-02013 in Executive Session on 10 Nov 11, under the 
provisions of AFI 36-2603: 

 



 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 24 May 11, w/atchs. 

 Exhibit B. Letter, AFLOA/JAJM, dated 15 Jul 11. 

 Exhibit C. Letter, SAF/MRBR, dated 29 Jul 11.