RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2017-04622

							COUNSEL: NONE

							HEARING: NO

APPLICANT REQUESTS THAT:

Her Article 15, dated 25 Jan 16, be removed.

APPLICANT CONTENDS THAT:

The Article 15 was unjust, and she was punished and found guilty before the Office of Special Investigation (OSI) investigation was completed.  The investigation is full of “hear-say” evidence, staged by her ex-husband and ex-best friend, who were having an affair.  The OSI did not fully investigate because they were biased, believing she was lying.  

The Article 15 reflects she had sex with a man, not her husband, and arranged to provide personal companionship for a monthly fee.  However, she denies the charges, states she never entered into an agreement nor was money exchanged, the relationship was not consensual, and she had filed a restricted sexual assault report.  She also states she was punished before the closure of her OSI investigation.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is currently serving as an airman first class in the Regular Air Force, with a projected Date of Separation (DOS) of 7 Apr 20.  

On 19 Jan 16, the applicant was served AF Form 3070A, Record of Nonjudicial Punishment Proceedings, and on 22 Jan 16 she acknowledged receipt.  She was charged with one specification of adultery in violation of article 134, UCMJ, and one specification of conduct prejudicial to good order and discipline and conduct of a nature to bring discredit to the armed forces, in violation of Article 134, UCMJ.

After consideration, the commander found the applicant committed the offenses alleged, and imposed a punishment of reduction to the grade of airman, forfeiture of $500 pay per month for two months, suspended for six months, after which time the forfeitures would be remitted unless sooner vacated, and thirty days extra duty.  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 recommended denying the application.  The nonjudicial punishment (NJP) is legally sufficient.  While the Report of Investigation is dated approximately four months after the commander served the NJP, the applicant has not demonstrated the evidence upon which the commander’s decision was based was insufficient.  Additionally, no specific standard of proof applies to NJP proceedings.  Furthermore, upon completion the OSI investigation corroborates the commander’s findings.  Finally, in the applicant’s response to the NJP she took full responsibility for her actions.  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 13 Mar 18 for comment (Exhibit D), and the applicant replied on 4 Apr 18.  The applicant contended the OSI never asked the applicant for her bank records.  Furthermore, the person who testified against the applicant was given immunity from charges if she could provide information against the applicant.  It was not her intent to receive money in exchange for a sexual relationship.  The applicant’s complete response is at Exhibit E. 

THE BOARD CONCLUDES:

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 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:  

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.

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 AFBCMR Docket Number BC-2017-04622 in Executive Session on 24 Apr 18:

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

Exhibit A:  Application, DD Form 149, w/atchs, dated 12 Sep 17.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  Advisory Opinion, AFLOA/JAJM, dated 8 Mar 18.
Exhibit D:  Notification of Advisory, SAF/MRBC to applicant, dated 13 Mar 18.
Exhibit E:  Applicant’s response, dated 4 Apr 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-2017-04622.