RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-02843
INDEX CODE: 100.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His grade at the time of his discharge from the Air Force be changed to
reflect staff sergeant (E-5) vice sergeant (E-4).
_________________________________________________________________
APPLICANT CONTENDS THAT:
His Certificate of Release or Discharge from Active Duty (DD Form 214) is
incorrect because his discharge certificate (DD From 256 AF) reads staff
sergeant.
In support of his appeal, the applicant provided his discharge certificate,
and DD Form 214.
Applicant’s complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 26 August 1975, in the grade
of airman basic for a period of four years.
Applicant was progressively promoted to the grade of Sergeant effective
1 August 1979.
On 25 July 1981, applicant was honorably discharged in the grade of
sergeant, under the provisions of AFR 39-10 (Completed Extended
Enlistment). He served 5 years and 11 months total active duty.
His separation orders and DD Form 214 indicate he was serving in the grade
of sergeant. The DD Form 256 indicated his rank was staff sergeant.
Applicant enlisted in the Air Force Reserve on 7 September 1982, in the
grade of staff sergeant (E-5). Records indicate that he was a member of
the Air Force Reserve until 30 May 1984, on which date, he was honorably
discharged in the grade of staff sergeant to enlist in the Army National
Guard.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Inquiries/AFBCMR Section, Enlisted Promotion & Military Testing
Branch, HQ AFPC/DPPPWB, reviewed this application and states that a review
of the applicant’s records reflects that he was promoted to the grade of
senior airman on 1 July 1978 and appointed to noncommissioned officer
status (sergeant) on 1 August 1979. He was discharged from active duty on
25 July 1981 as a sergeant and later enlisted in the Air Force Reserve as a
staff sergeant with the date of rank of 7 September 1982. His records do
not contain an order promoting him to SSgt while on active duty in the
Regular Air Force. He was discharged from active duty in his proper grade
and no correction to his DD Form 214 is authorized or required. Therefore,
they recommend denial of applicant’s request.
A complete copy of the Air Force evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The counsel reviewed the evaluation and states that there is no further
evidence available from applicant’s personal records. Therefore, it is
requested that applicant’s case be processed.
Counsel’s response, with attachments, is attached at Exhibit E.
_________________________________________________________________
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 probable error or injustice. After reviewing the evidence
submitted with this appeal, we are not persuaded that the applicant’s grade
at the time of his discharge from the Air Force is either in error or
unjust. The discharge certificate (DD Form 256AF) does reflect the rank of
staff sergeant. However, there is no record of a promotion to the grade of
staff sergeant in the member’s military records. His separation orders and
DD From 214 indicate he was serving in the grade of sergeant. In view of
the above findings, we agree with the opinion and recommendation of the Air
Force and adopt their rationale as the basis for our conclusion that the
applicant has not been the victim of an error or injustice. Therefore, in
the absence of evidence to the contrary, we find no compelling 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 probable 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 this application in Executive
Session on 25 February 1999, under the provisions of AFI 36-2603:
Mr. Henry Romo Jr., Panel Chair
Mr. John E. Pettit, Member
Ms. Olga Crerar, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 October 1998, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPWB, dated 30 October 1998.
Exhibit D. Letter, SAF/MIBR, dated 16 November 1998.
Exhibit E. Letter, Counsel, dated 4 January 1999.
HENRY ROMO JR.
Panel Chair
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