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AF | BCMR | CY2002 | 0202396
Original file (0202396.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-02396
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His date of rank (DOR) to the grade of staff sergeant (E-5) be changed
from 1 Feb 02 to 1 Aug 01.
_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the  records  to  be  in  error  or
unjust and the evidence submitted in support  of  the  appeal  are  at
Exhibit A.

In support of his request, the applicant submits a copy of a 24 Jul 02
letter, with attachments.  The applicant’s complete  submission,  with
attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System (PDS) reveals the
applicant’s Total Active Federal Military Service Date (TAFMSD) as  26
Nov 96.  He is currently serving on active duty in the grade of  staff
sergeant (E-5), with an effective date of rank of 1 Feb 02.

Information extracted from the applicant’s submission reveals that, on
27 Jun 01, he received a Letter of Reprimand (LOR) and notification of
nonrecommendation for promotion to the rank of E-5.

The remaining relevant facts pertaining to this application, extracted
from the applicant’s military records, are contained  in  the  letters
prepared by the appropriate offices of the Air Force at Exhibits B and
C.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPWB recommends the application be  denied.   DPPPWB  stated
that the applicant was selected for promotion to the  grade  of  staff
sergeant (E-5) during  cycle  00E5  and  received  promotion  sequence
number (PSN) 18895 (Promotion effective 1 Aug 01).  On 27 Jun 01,  the
applicant received a LOR for driving under the influence (DUI) as well
as a letter from his commander nonrecommending him for promotion to E-
5 for cycle 00E5.  On 25 Mar 02, the State of  Arizona  dismissed  the
DUI charges.  DPPPWB stated that just because the applicant’s case was
dismissed does not mean he was innocent of the offense.  His commander
issued the LOR and nonrecommended him for  promotion  because  he  was
DUI, with a blood alcohol level of .188%, not  because  he  was  found
guilty  or  convicted  by  trial.   The  applicant  was  selected  for
promotion to E-5 during cycle 01E5, with a DOR of 1 Feb  02.   The  HQ
AFPC/DPPPWB evaluation is at Exhibit B.


HQ  AFPC/JA  recommends  the  application  be  denied.   At  the  time
applicant’s commander withheld his promotion, he [applicant]  was  the
subject  of  an  inquiry  that  resulted  in  prosecution   by   civil
authorities, even though the State of Arizona decided, almost  a  year
later, to dismiss the charges against  him.   JA  indicated  that  the
applicant’s commander acted appropriately, and in accordance with  AFI
36-2502, in withholding his promotion in Jun 01.  With respect to  the
applicant’s contention that, since his DUI case was dismissed  in  Mar
02 and all charges dropped, his original DOR of 1  Aug  01  should  be
restored, In JA’s opinion, the  applicant  has  not  demonstrated  the
existence of a material error or injustice that warrants correction of
his records.  Dismissal of the charges against the applicant  involved
neither the presentation of any evidence nor any factual  findings  as
to the merits of those charges.  Despite applicant’s statement that “I
was punished for an offense that I was found not guilty of,” JA stated
that  the  dismissal  without  prejudice  in  no  way  indicates  that
applicant was innocent of the charges against him.  The applicant  has
failed  to  present  relevant  evidence  of  any  error  or  injustice
warranting relief.  The HQ AFPC/JA evaluation is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Copies of the Air Force evaluations were forwarded to applicant on  23
August 2002 for review and response.  As of this date, no response has
been received by this office (Exhibit D).
_________________________________________________________________

THE BOARD CONCLUDES THAT:

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

2.    The application was timely filed.

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  opinions  and  recommendations  of  the
respective Air Force offices and adopt the rationale expressed as  the
basis for our decision that the applicant has failed  to  sustain  his
burden that he has suffered either an error or an injustice.  In  view
of the  above  and  absent  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 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 10 October 2002, under the provisions of AFI  36-
2603:

                  Mr. Joseph A. Roj, Panel Chair
                  Ms. Diane Arnold, Member
              Mr. Laurence M. Groner, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 24 Jul 02, w/atchs.
   Exhibit B.  Letter, HQ AFPC/DPPPWB, dated 7 Aug 02.
   Exhibit C.  Letter, HQ AFPC/JA, dated 23 Aug 02.
   Exhibit D.  Letter, SAF/MRBR, dated 23 Aug 02.




                                   JOSEPH A. ROJ
                                   Panel Chair

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