RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04934

  	COUNSEL: NONE
	
	HEARING: YES

APPLICANT REQUESTS THAT:

His non-judicial punishment (NJP) be removed from his records.

APPLICANT CONTENDS THAT:

He received NJP in 1990; however, approximately six months after receiving the punishment his commander set-a-side the NJP.  The NJP was hidden from public view for his remaining 20 years of service.  However, after applying for another position he was terminated because a background check was conducted and this record surfaced.  He has no paperwork that shows it was set-a-side.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force master sergeant.  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.  A review of their records shows the suspended reduction in rank was remitted in October 1990, six months following the punishment; however, they were unable to locate a record showing that the NJP was set-aside.  While the suspended reduction in rank was the only punishment, a remission or cancellation of the suspended reduction in rank did not set-aside the NJP itself.  He has failed to present sufficient evidence to demonstrate his NJP should not be included in his records such as to warrant relief from the BCMR.  With no record indicating the NJP was set-aside, JAJM sees no basis in law to suggest that applicant’s NJP is an injustice warranting correction by this Board.  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 18 Jan 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.  Therefore, the Board recommends against correcting the applicant’s records.

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 issue 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-2016-04934 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 7 Dec 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFLOA/JAJM, dated 16 Jan 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 18 Jan 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.