RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00629

XXXXXXXXXXXXXX	COUNSEL: NONE	 

  	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His record in the Automated Military Justice Analysis and Management System (AMJAMS) be removed.  

APPLICANT’S CONTENTIONS

The AMJAMS states he received an Article 15 in 2005.  His legal office stated it showed nonjudicial punishment (NJP) was offered on 17 Aug 05, he accepted the NJP on 20 Aug 05 and the case was dropped on 23 Aug 05.  He never signed an acknowledgment or acceptance of an Article 15.  

If possible, he requests the AMJAMS record be removed since it flags and raises questions for anything in his records that requires a quality force indicator (QFI) check.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air Force technical sergeant (E-6).  

The applicant’s automated records management system does not include an Article 15.

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

AIR FORCE EVALUATION

DAF/JA recommends the AMJAMS record be amended.  Although the AMJAMS record is not erroneous, it is misleading.  The information regarding the disposition of the investigation reflects the investigation concluded with Article 15 action, and that is technically correct since the NJP was offered.  However, the NJP action itself concluded with it being dropped, yet this information is not presented under the same tab explaining the disposition of the investigation.  It is easy to see how the organization of this information would confuse or mislead QFI investigations into thinking the applicant received NJP.

The AMJAMS custodian explained the AMJAMS is a permanent record and cannot be deleted, although it can be amended. The disposition should reflect the investigation concluded with the disposition as “Closed, no action.”

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 27 Sep 21 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is the victim of an injustice.  The Board concurs with the rationale and recommendation of DAF/JA and finds a preponderance of the evidence substantiates the applicant’s contentions in part. While the applicant requests his AMJAMS record be removed, the Board notes the AMJAMS is a permanent record and cannot be deleted.  Nonetheless, to preclude an injustice, the Board determined the applicant’s AMJAMS record should be amended to show the NJP action was dropped on 23 Aug 05 and he did not receive the NJP action.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show the AMJAMS, record number 353169, Disposition tab, reflect “Closed, no action” and Narrative Description reflect “NJP offered on 17 Aug 05, accepted on 20 Aug 05, then dropped on 23 Aug 05, with no further action.”  

However, regarding the remainder of the applicant’s request, the Board recommends informing the applicant 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-2021-00629 in Executive Session on 10 Nov 21:

 , Chair, AFBCMR
 , Panel Member
 , Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 10 Mar 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, DAF/JA, dated 13 Apr 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 27 Sep 21.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.