RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-02130

  	COUNSEL: NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

Her non-judicial punishment be removed from her records.

APPLICANT CONTENDS THAT:

The disciplinary actions did not happen to her and it was incorrectly placed in her records.  While going through the process of getting a security clearance, she found out that it is noted in her records that she was charged with an Article in 2004 for disrespecting a Non-Commissioned Officer (NCO) for which she was reduced in rank.  Although the disciplinary action is reflected in her records, she was never charged and was not reduced in grade.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former member of the Regular Air Force.  She was notified of her commander’s intent to impose NJP for one charge and specification of dereliction of duty, failing to refrain from consuming alcohol underage, in violation of Article 92, UCMJ.  She accepted the NJP and submitted a written presentation for her commander’s consideration.  The commander ultimately upheld the NJP and imposed punishment of a reduction in grade to E-1 (from E-2) and a reprimand; however, the reduction in rank was suspended until 5 May 04 at which point it was remitted.  Legal reviews conducted found the NJP legally sufficient.  On 27 Sep 15, she received an honorable discharge and a narrative reason for separation of “Reduction in Force.”   For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denying the application.  She did in fact receive NJP in 2003 and 2004 with suspended reductions in rank that were subsequently remitted.  There are no errors or injustices that tend to undermine the NJP actions she received.   She does not assert any legal error in the NJP or supplementary actions she received, but instead asserts that the NJP action and her reductions in rank are not appropriately reflected in her record.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 6 Oct 17 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFFLOA/JAJM and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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-2016-02130 in Executive Session on 8 May 18:

, Panel Chair
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 20 May 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFLOA/JAJM, dated 12 Sep 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 6 Oct 17.

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