RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03691

XXXXXXXXXX (MEMBER)	COUNSEL: NONE	

	HEARING: NO	

APPLICANT REQUESTS THAT:

His Article 15, dated 3 Jun 63, be expunged from his records.

APPLICANT CONTENDS THAT:

He was ordered, influenced, and directed to proceed quickly, without delay, in an uninformed speed restricted zone of residential base housing during transport of an active duty senior airman to the residence of the acting detachment commander.  His Article 15 should not have occurred and a judicial hearing would have been appropriate.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman first class.  

On 3 Jun 63, the applicant was notified of his commander’s intent to impose Non-Judicial Punishment (NJP) pursuant to Article 15, for violating the 52nd Fighter Group Regulation 125-2, dated 1 Jul 60, by driving 65 MPH in a posted 30 MPH zone and subsequently failing to report to his commander within 72 hours as directed by AF Form 1311, USAF Traffic Ticket # A5826405.  The applicant was ordered to forfeit $35 of his pay. 

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. There does not exist enough evidence or allegation of error or injustice that tends to undermine the sentence adjudged by the NJP action.  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 7 Jun 18 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 AFLOA/JAJM and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  Moreover, the applicant has offered no plausible reason for the delay in filing the application.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; 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-2016-03691 in Executive Session on 10 Jul 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 6 Sep 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFLOA/JAJM, dated 16 Feb 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 7 Jun 18

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9 for Docket Number BC-2016-03691.