RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00235 INDEX CODE: 126.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records reflect a final disposition of his charge of larceny. _________________________________________________________________ APPLICANT CONTENDS THAT: He was given nonjudicial punishment for larceny in 2007. Documents generated by federal background checks reflect the larceny charge is pending. In support of his request, the applicant provides documents extracted from his military personnel records. The applicant’s complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 19 August 2003. The applicant did on or about 27 November 2006 and 3 December 2006, steal in excess of $190 from the Army Air Force Exchange Services (AAFES) by fraudulently returning merchandise for a higher value than what he purchased the items for. For this offense he received nonjudicial punishment under the provisions of Article 15, UCMJ. His punishment consisted of a suspended reduction to the grade of airman first class through 29 July 2007, forfeiture of $197.00 pay for two months and a reprimand. The applicant appealed the decision and the commander denied his appeal. In addition to his nonjudicial punishment, the applicant was restricted from Base Exchanges and was allowed to enter only if escorted by someone in his chain of command. On 18 January 2007, the applicant traveled to Vicenza, Italy, and shopped at the Base Exchange. Based on the applicant’s violation of the restriction order and a subsequent false statement, the commander vacated the suspended reduction of rank on 3 April 2007. The applicant was discharged on 6 July 2007 with a general (under honorable conditions) discharge, under the provisions of AFI 36- 3208, Misconduct (Minor Infractions). He served 3 years, 10 months and 17 days on active duty. _________________________________________________________________ AIR FORCE EVALUATION: AFLOA/JAJM recommends denial. JAJM states the applicant’s issue does not appear to be with the Article 15 itself and a review of the record shows that the applicant was provided all of his rights and privileges due under Article 15, UCMJ. The applicant’s issue is with a pending larceny charge that he says is reflected on his military records. However, the applicant has provided no documentation showing a pending larceny charge. Further, the Automated Military Justice Analysis & Management System (AMJAMS) shows only that the applicant received nonjudicial punishment in January 2007 and then a vacated action in April 2007. AMJAMS shows that both the nonjudicial punishment and the vacation action were finalized in early 2007. The applicant has not shown a clear error or injustice. The JAJM complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 21 May 2010, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D). As of this date, this office has received no response. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-00235 in Executive Session on 10 August 2010, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-00235 was considered: Exhibit A. DD Form 149, dated 18 December 2009. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFLOA/JAJM, dated 12 May 2010. Exhibit D. Letter, SAF/MRBR, dated 21 May 2010.