RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-03649 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His DD Form 214, Certificate of Release or Discharge from Active 
Duty, be changed to reflect the grade of E-4 (senior airman, 
SrA) rather than E-3 (airman first class, A1C). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He received an Article 15, Record of Nonjudicial Punishment 
Proceedings, in January 2000 and his punishment was a reduction 
in rank for one year. His reduction to the grade of E-3 began 
on 9 Feb 00 and he should have been reinstated to E-4 on 9 Feb 
01. 

 

His discharge date was 28 Feb 01, more than a year after his 
Article 15; however, his DD Form 214 reflects the pay grade of 
E-3. 

 

In support of his request, the applicant provides a copy of his 
DD Form 214. 

 

The applicant's complete submission, with attachment, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 29 Jan 97, the applicant entered the Regular Air Force as an 
airman basic (E-1). 

 

On 29 Jul 97, the applicant was promoted to the rank of airman 
(E-2), A1C (E-3)on 29 May 98, and SrA (e-4)on 29 Jan 00. 

 

On 2 Feb 00, the applicant received an Article 15 for 
dereliction of duties and making a false statement with the 
intent to deceive. His punishment consisted of a reduction to 
the grade of A1C with a new date of rank of 9 Feb 00, 30 days 
extra duty suspended until 8 Aug 00, and a reprimand. 

 

 


On 28 Feb 01, the applicant was honorably discharged for 
completion of required service in the grade of E-3. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

HQ AFPC/DPSOE recommends denial and states that based on the 
minimum time in grade eligibility requirements to be promoted 
from A1C to SrA, the applicant would not have had sufficient 
time to be promoted prior to his discharge. Based on the 
applicant’s reduction in grade and new date of rank, he would 
not have been eligible for promotion to SrA until he received 
20 months time in grade and 36 months time in service (9 Oct 
01). 

 

The complete DPSOE evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 14 Jan 11 for review and comment within 30 days 
(Exhibit D). As of this date, this office has not received a 
response. 

 

_________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by 
existing law or regulations. 

 

2. The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file. 

 

3. Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice. We took notice 
of the applicant's complete submission in judging the merits of 
the case; however, we agree with the opinion and recommendation 
of the Air Force office of primary responsibility and adopt its 
rationale as the basis for our conclusion the applicant has not 
been the victim of an error or injustice. Therefore, in the 
absence of evidence to the contrary, we find no basis to 
recommend granting the relief sought in this application. 

 

_________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 


that the application will only be reconsidered upon the 
submission of newly discovered relevant evidence not considered 
with this application. 

 

_________________________________________________________________ 

 

The following members of the Board considered Docket Number 
BC-2010-03649 in Executive Session on 12 April 2011, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 4 Oct 10, w/atch. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, HQ AFPC/DPSOE, dated 30 Nov 10. 

 Exhibit D. Letter, SAF/MRBR, dated 14 Jan 11. 

 

 

 

 

 

 Panel Chair