ADDENDUM TO RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2016-01848

	COUNSEL:  NONE

	HEARING REQUESTED:  YES

APPLICANT’S REQUEST

The Board reconsider his request to overturn or correct his Article 15.

RESUME OF THE CASE

The applicant is a former Air Force staff sergeant (SSgt).

On 5 Jun 18, the Board considered and denied his request for his Article 15, with the resulting demotion to Staff Sergeant which caused his separation due to High Year of Tenure (HYT), be set aside/removed from his military records; and he be returned to active duty as a Technical Sergeant, or alternatively, be allowed to continue his career in the Air National Guard or Air Force Reserve, finding that the applicant had provided insufficient evidence of an error or injustice to justify relief.  For an accounting of the applicant’s original request and the rationale of the earlier decision, see the AFBCMR Letter and Record of Proceedings, with Exhibits A-H, at Exhibit I.

Under BC-2018-00302, the applicant requested his AF Form 422, be corrected to reflect it was completed in 2014.  AF Form 422, Notification of Air Force Member’s Qualification Status, dated 28 Aug 14, reflects it was digitally signed by a Health Care Provider with a date of 4 Sep 13, a Force Health Manager with at date of 5 Sep 13, and a Profile Officer Review with a date of 5 Sep 13.  AF Form 469, Duty Limiting Condition Report, dated 28 Aug 14, reflects the same individuals that signed the AF Form 422, signed this document electronically with a date of 3 Sep 14.  AFPC/DP2NP has determined by their medical standards section, that the review-in-lieu of a medical board was referred to them in Aug 14; and based on the dates of the FL-4 and the AF Form 469, that the dates entered on the AF Form 422 are incorrect and should reflect the year 2014.  On 25 Jul 18, the AFBCMR approved the applicant’s request to reflect his AF Form 422 was completed in 2014 versus 2013.

On 12 Mar 19, the applicant requested reconsideration of his request to overturn/correct his Article 15.  He again contends the Air Force Form 422 had the wrong signature year of 2013.  He was never informed as to why he was being charged with falsifying his AF Form 422.  Nor, was he given an opportunity to provide information showing the AF Form 422 was correct.  According to AF Manual 41-210, Tricare Operations and Patient Administration, Section 5.3, Correcting Health Records, patients have the right to request amendments, which is what he was attempting to do.  The applicant was not trying to deceive or receive any undue benefit from the AF Form 422.

The applicant’s complete submission is at Exhibit G.

On 1 Aug 19, the applicant requested his case before the AFBCMR be administratively closed.  On 8 Aug 19, the applicant’s case was administratively closed per his request.  By email dated 10 Sep 19, the applicant requested the Board resume the processing of his application.  

AIR FORCE EVALUATION

AFLOA/JAJM recommends denying the application.  Based on the documentation provided and an analysis of the facts, there is no evidence of an error an injustice.  There is no evidence the commander abused his discretion in administering the nonjudicial punishment (NJP) or finding the applicant committed the alleged offense; or that the punishment imposed was not in  within the permissible range for the offense committed.  There was no explanation provided in the applicants’ request as to why the AF Form 422 contained erroneous dates or why his record included a fitness assessment that he did not actually complete.  The commander and the appellate authority were in the best positon to review the evidence presented and access the credibility of the applicant at the time they made their findings and imposed punishment.  

The complete advisory opinion is at Exhibit I.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 2 Jul 19 for comment (Exhibit J).  In a statement provided by the applicant’s father on his behalf states, nothing on the AF Form 422 is false and it should not have been used in the applicant’s NJP action.  They believe the erroneous date on the AF Form 422 was due to a typographical error when the form was being input into the system for the applicant’s permanent change of station (PCS) to Germany.  The applicant did not deceive or receive any benefit from the AF Form 422.

The applicant’s complete response is at Exhibit K.

FINDINGS AND CONCLUSION

After reviewing all Exhibits, the Board remains unconvinced the evidence presented demonstrates an error or injustice.  The Board concurs with the rationale and recommendation of AFLOA/JAJM and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-01848-2 in Executive Session on 18 Mar 20:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit I:	Record of Proceedings, w/ Exhibits A-H, dated 13 Jun 18.
Exhibit J:	Application, DD Form 149, w/atchs, dated 12 Mar 19.
Exhibit K:	Documentary evidence, including relevant excerpts from official records.
Exhibit L:	Advisory opinion, AFLOA/JAJM, dated 29 May 19. 
Exhibit M:	Notification of advisory, SAF/MRBC to applicant, dated2 Jul 19.
Exhibit N:	Email, Applicant, dated 1 Aug 19.
Exhibit O:	Letter, SAF/MRBC, dated 8 Aug 19.
Exhibit P:	Letter, Applicant, dated 10 Sep 19.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.