RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2017-03224

XXXXXXXXXX					COUNSEL: NONE

							HEARING: YES 

APPLICANT REQUESTS THAT:

His records be corrected as follows:

Remove Article 15 issued 31 Jul 14;

Restore original promotion date to E-4 of 10 Oct 14;

Remove referral enlisted performance report (EPR) from 10 Feb 14 thru 31 Mar 15.

APPLICANT CONTENDS THAT:

In early 2014, his girlfriend gave him her dorm room key so he could care for her hamster while she was deployed.  In Mar 14, he received a notice to vacate his dorm room.  By late Apr 14 he had not vacated the dorm and received a 30-day extension to vacate, with a warning that upon continued refusal to vacate his commander would be notified.  He then moved in with a co-worker.  In late May 14, his co-worker told him to vacate her apartment.  He then moved some of his things into his girlfriend’s dorm room while he stayed with friends and looked for a new place to live.  On 14 Jun 14, during a room inspection, the applicant’s things were found in his girlfriend’s dorm room.  Although he did not stay in his girlfriend’s dorm room, he received an Article 15, a referral EPR, placed on an unfavorable information file (UIF), and lost his rank for 2 years.  The punishment was unjust and excessive.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is an Air Force senior airman.  

On 31 Jul 14, the applicant received an Article 15 for the following:  Failed to cease living in the dormitory; signed official documentation acknowledging termination of dormitory quarters in order to start quarters allowance; and submitted a false claim for reimbursement of a do-it-yourself (DITY) move.  His punishment consisted of reduction to airman first class with a new date of rank (DOR) of 8 Aug 17, reprimand, and a referral EPR.

Regarding the applicant’s request for removal of his EPR, on 6 Jul 18, he was notified he had not identified that he had exhausted his first avenue of relief.  AFI 36-2406, Officer and Enlisted Evaluation Systems, provides instructions for submitting requests for correction to the Evaluation Reports Appeal Board (ERAB), which was established to provide an avenue of relief for correcting errors or injustices in evaluations at the lowest possible level.  The ERAB appeal case will need to be resolved prior to filing any AFBCMR appeal concerning this same issue, if needed.  The Board does not consider applications without documentation showing exhaustion of such avenues of relief.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C and D.

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denying the application.  

The applicant waived his right to a court-martial, accepted non-judicial punishment (NJP), and submitted a written presentation.  On 19 Aug 14, and 20 Aug 14, the NJP action was found legally sufficient.  The applicant presents no new evidence.  The commander’s decision to impose NJP was within the limits of his authority and discretion.  The complete advisory is at Exhibit C.

AFPC/DP2SPP states they have no equity in the decision regarding the removal of the Article 15 or referral EPR.  

The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 6 Jul 18 for comment (Exhibit E), and the applicant replied on 3 Aug 18.  The applicant challenged the 10 Oct 14 date for reinstatement of original promotion to E-4 on the AFLOA advisory, indicating it should be 10 Oct 13; which is the date identified on the AFPC advisory.  He also challenged the 31 Jan 14 date of commander’s notification on the AFLOA advisory, indicating it should be 31 Jul 14. 

The applicant also contended his rebuttal to his referral EPR was based on fallacies, and that he was coerced into making the statement that he was staying in a girlfriend’s dormitory room.  Furthermore, he stated he has presented facts not originally presented at the time of the NJP.  He provided statements from individuals regarding his living situation, and confirmed he was staying with friends while searching for new arrangements; as well as his application to change quarters allowance.  

The applicant’s complete response is at Exhibit F. 

THE BOARD CONCLUDES:

1.  The application was timely filed.

2.  The applicant did not exhaust all available avenues of non-judicial relief before applying to the Board regarding the request to remove the referral EPR.  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 that the applicant is not the victim of an error or injustice with regard to the applicant’s request to remove the Article 15 issued on 31 Jul 14 and to restore his original promotion date to E-4 of 10 Oct 14.  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.  With respect to the applicant’s request for removal of his referral EPR, he has not provided evidence he exhausted the available administrative relief by submitting his request to the ERAB prior to submitting his application to the BCMR.  In view of this, his request for correction of his EPR is not ripe for adjudication by the Board at this time.  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 issues involved.

THE BOARD RECOMMENDS:  

The applicant be informed that 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-2017-03224 in Executive Session on 14 Aug 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 30 Jun 17.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  Advisory opinion, AFLOA/JAJM, dated 19 Apr 18.
Exhibit D:  Advisory opinion, AFPC/DP2SPP, dated 15 May 18.
Exhibit E:  Notification of Advisory, SAF/MRBC to applicant, dated 6 Jul 18.
Exhibit F:  Applicant’s response, dated 3 Aug 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 regarding AFBCMR Docket Number BC-2017-03224.