RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-03617

	COUNSEL:  	 

  	HEARING: NO

APPLICANT REQUESTS THAT:

Her Article 15 she received in 2009 be removed from her officer selection record (OSR).  

She be granted special selection board (SSB) consideration for promotion to major.  

APPLICANT CONTENDS THAT:

Per AFI 36-2608, Military Personnel Records System, the Article 15 should be removed after one promotion board or upon separation from active duty.  She was passed over for promotion to major prior to separating from active duty in 2012; however, the Article 15 was not removed and she was subsequently not selected for promotion to major in the Reserves. 

Her commander attempted to contact Air Force Reserve Command (AFRC) and Air Mobility Command (AMC) chain of command to have the Article 15 removed but was unsuccessful.   She has not had a fair chance to be promoted to major and will be discharged on 1 Dec 17.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force Reserve captain.

The applicant entered a period of active duty in the Regular Air Force on 29 May 02.

Per AF Form 3070C, Record of Nonjudicial Punishment Proceedings (Officer), dated 21 Sep 09 the applicant received an Article 15 for violation of General Order 1B, issued by the CENTCOM Commander, for wrongfully visiting the sleeping quarters of a person of the opposite sex while deployed to Balad AB, Iraq, for having sexual intercourse with a married man not her husband and fraternization, to include sending a photo of herself with her breast exposed. 

On 28 Oct 09, the 18 Air Force Commander (18 AF/CC) determined the Article 15 would be filed in her OSR.  

On 5 Mar 12, the applicant was discharged from the Regular Air Force and transferred to the Air Force Reserve.  

On 1 Dec 17, she was discharged from the Air Force Reserve per Reserve Order CB-067 dated 1 Dec 17.  

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

AIR FORCE EVALUATION:

ARPC/PB recommends denial.  The 19th Airlift Wing Commander (19 AW/CC) requested removal of the Article 15 and was denied by the proper issuing authority.  The applicant may pursue reappointment once she has reached her mandatory separation date (MSD) and is separated.  There is nothing in law that prohibits reappointment of an officer who was discharged after promotion deferral.  Additionally, upon separation from a military status, she may request to have the Article 15 removed from her OSR without approval from the issuing authority.  The complete advisory is at Exhibit C.

AFLOA/JAJM recommends denial.  The nonjudicial punishment (NJP) is legally sufficient and should not be set aside.  The applicant’s commander determined the action would be filed in her OSR.  The applicant does not dispute the legal sufficiency of the NJP.  The complete advisory is at Exhibit D.  

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent copies of the Air Force evaluations to the applicant on 13 Mar 18 for comment (Exhibit E), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was 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 ARPC/PB and 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.

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.

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-2017-03617 in Executive Session on 15 May 18:

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 20 Jul 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/PB, dated 26 Sep 17. 
Exhibit D.  Advisory opinion, AFLOA/JAJM, dated 1 Mar 18.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 13 Mar 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.