RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2016-03422

	COUNSEL:  NONE
	
	HEARING:  YES

APPLICANT REQUESTS THAT:

The Article 15 he received in November 2015 be removed from his record.  He further requests the resulting referral Enlisted Performance Report also be removed from his record.

APPLICANT CONTENDS THAT:

The Article 15 was a result of bias from his chain of command and a lack of consideration for the facts.  He was charged with stealing language proficiency pay, which was properly requested and duly authorized by the Air Force Personnel Center.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a currently serving Air Force Staff Sergeant.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C, D and E.

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denying the application.  There is no evidence or allegation of error or injustice that tends to undermine the Nonjudicial Punishment action.  The complete advisory is at Exhibit C.  

AFPC/DPS2PE recommends denying the application for failure to exhaust.  The complete advisory is at Exhibit D.  

AFPC/JA recommends denying the application for failure to exhaust.  The complete advisory is at Exhibit E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent copies of the Air Force evaluations to the applicant on 12 Sep 17 for comment (Exhibit F), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant did not exhaust all available avenues of non-judicial relief before applying to the Board.  The Board does not consider applications without documentation showing exhaustion of such avenues of relief.

3. After thoroughly reviewing all Exhibits, it is the Board’s opinion the applicant is not the victim of an error or injustice.  The Board concurs with the rationales and recommendations of AFLOA/JAJM, AFPC/DPS2PE, and AFPC/JA, and finds a preponderance of the evidence does not substantiate the applicant’s contentions regarding the nonjudicial punishment action received under Article 15 of the Uniform Code of Military Justice.  Additionally, the applicant must first exhaust all available avenues of administrative relief provided by existing law or regulations prior to seeking relief before this Board, as required by the governing Air Force Instruction.  We find the applicant’s request for removal of his AF Form 910, Enlisted Performance Report, from his personnel record is not ready for adjudication at this level, as there exists a subordinate level of appeal that has not first been depleted.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

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 the Board’s understanding of the issues involved.

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.

The application was adjudicated without a personal appearance.

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-2016-03422 in Executive Session on 15 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 18 Aug 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFLOA/JAJM, dated 15 Nov 16.
Exhibit D:	Advisory opinion, AFPC/DPS2PE, dated 10 Jan 17.
Exhibit E:	Advisory opinion, AFPC/JA, undated.
Exhibit F:	Notification of Advisory, SAF/MRBC to applicant, dated 12 Sep 17.
Exhibit G:	Notification of Failure to Exhaust, SAF/MRBC to applicant, dated 1 May 18.

Taken together with all Exhibits, this document, Docket Number BC-2016-03422, constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.