RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-00186

	COUNSEL: NONE	

	HEARING: NO

APPLICANT REQUESTS THAT:

An Article 15 be removed from his record.

APPLICANT CONTENDS THAT:

He is currently trying to enlist into the United States Air Force Reserve and the Article 15 is preventing him from enlisting.  

The Article 15 listed in his record was that of someone assigned to Korea and he was never assigned there (administratively corrected).  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is an honorably discharged Air Force Senior Airman.

On 16 Mar 15, the applicant was notified of his commander’s intent to consider punishment under  Article 15 of the Uniform Code of Military Justice (UCMJ), Article 86, failure to go.

On 23 Mar 15, the commander found that the applicant committed the alleged offense.  He was reduced to the grade of Senior Airmen and forfeiture of $500.00 dollars in pay, suspended through 22 Sep 15.

On 25 Mar 15, the applicant did not appeal the decision and the action was found legally sufficient.

On 21 Sep 15, the commander decided he violated the conditions of his suspension and determined the vacation of the suspension was not appropriate.

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

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends denying the applicant’s request to remove the Article 15 and/or AF Form 366, Record of Proceeding of Vacation of Suspended Nonjudicial Punishment.  AFPC/DP2SSM recovered the original document and corrected in the applicant’s military record.  Furthermore, the applicant did not provide supporting documentation to prove the Article 15 and/or AF Form 366 was given to him in error.  After further review of the applicant’s record, the Article 15 is correct, however the AF Form 366 did display an incorrect page two.  Special Programs reached out to the Dyess AFB Staff Judge Advocate (SJA) and retrieved page two of the AF Form 366.  The correct copies have been loaded into the applicant’s record.  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), 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.  We note the AFPC/DP2SSM recovered the original document and corrected the applicant’s military record as requested.  Although the applicant did not request the Article 15 he received be corrected, the Board concurs with the recommendation of AFPC/DP2SSM, and finds that a preponderance of the evidence does not substantiate an error or injustice.  Therefore, aside from the administrative correction noted above, no further Board action is warranted.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice beyond that provided administratively, 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-2018-00186 in Executive Session on 23 May 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 9 Jan 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSM, w/atchs, dated 27 Feb 18.
Exhibit D:	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 for Docket Number BC-2018-00186.