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AF | BCMR | CY2002 | BC-2002-02437
Original file (BC-2002-02437.DOC) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  02-02437
                                       INDEX CODE:  131.05
      XXXXXXXXXXXXXXXXXXX               COUNSEL: NONE

      XXXXXXXXXXXX                           HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her date of rank (DOR) to Staff  Sergeant  (SSgt)  (E-5)  be  changed  to  1
December 1999 and her DOR to Senior Airman  (SrA)  (E-4)  be  changed  to  5
October 1995.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She was demoted from Senior Airman (SrA) to Airman First Class  (A1C)  after
receiving an Article 15 on 2 February 1998.  On 22 May  1998,  she  received
and signed a mitigation  action  to  her  Article  15,  which  promoted  her
immediately back to SrA. Her original SrA date of rank  of  5  October  1995
was never updated in her records.  As a result of this  error,  she  lost  8
months of SSgt and 6 months of SrA time-in-grade (TIG).

In support of her application, she provides a copy of  her  Record  of  Non-
Judicial Punishment Proceedings (Article 15) dated 2 February  1998,  and  a
copy  of  her  Record  of  Supplementary  Action  Under  Article  15,   UCMJ
(Mitigation) dated 22 May 1998. The applicant’s  complete  submission,  with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 5 October 1992, the applicant enlisted in the Regular Air  Force  (RegAF)
at the age of 22 in the grade of Airman Basic for a period  of  four  years.
Prior to the events under review, she was promoted to  the  rank  of  senior
airman (SrA) effective and with a date of rank of 5 October 1995.   She  has
since been promoted to the grade of staff  sergeant  (SSgt),  effective  and
with a date of rank of 1 August 2000.

On 26 January 1998, the applicant received an Article 15 for  driving  while
under the influence of alcohol.  Her punishment consisted  of  reduction  in
grade to airman first class (A1C) with a new DOR  of  26 January  1998.   In
addition, she was reprimanded.  On 22 May 1998, the  Article  15  punishment
was mitigated to a suspended reduction to A1C until 25 July 1998.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPWB concluded that applicant’s DOR to SrA  should  be  corrected  to
reflect 5 October 1995 vice 22 May 1998.  Her effective date  should  remain
22 May 1998.  There is no basis to adjust the DOR for  SSgt  to  1  December
1999.  The AFPC/DPPAE 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  23
August 2002 for review and response (Exhibit D).  As of  this  date,  this
office has received no response.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

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

2.  The application was timely filed.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of  probable  error  or  injustice  warranting  a  change  in  the
applicant’s DOR to SrA.  Based on the evidence provided, it appears that  an
error occurred at the time the applicant’s  commander  determined  that  the
Article 15 punishment imposed on her consisting  of  a  reduction  in  grade
should be mitigated to a suspended reduction in grade in that  her  date  of
rank as a SrA at the time of the reduction was not restored as  required  by
the governing Air Force instruction.  Therefore, the applicant’s DOR  as  an
SrA should be changed to 5 October 1995.  It appears that the change to  the
applicant’s DOR as a SrA would  have  no  bearing  on  her  eligibility  for
promotion to SSgt since, according to information contained in the  advisory
opinion, she was ineligible for consideration during the 98E5 cycle  because
of the Article 15 punishment.  Accordingly, in the absence of  any  evidence
showing the contrary, her request to change her SSgt DOR to 1 December  1999
is not favorably considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show  that,  on  22  May  1998,  based  on  the
suspension of her reduction in  grade,  she  assumed  the  grade  of  senior
airman (E-4), effective 22 May 1998 and with a  date  of  rank  (DOR)  of  5
October 1995.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 6 February 2002, under the provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Vice Chair
      Mr. Mike Novel, Member
      Ms. Rita S. Looney, Member


The following documentary evidence for AFBCMR  Docket  Number  02-02437  was
considered:

     Exhibit A.  DD Form 149, dated 14 June 2002, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPWB, dated 16 August 2002.
     Exhibit D.  Letter, SAF/MRBR, dated 23 August 2002.




                                  THOMAS S. MARKIEWICZ
                                  Vice Chair
AFBCMR 02-02437




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of
Section 1552, Title 10, United States Code (70A Stat 116), it is directed
that:

      The pertinent military records of the Department of the Air Force
relating to XXXXXXXXXXXXXXXXXXXXXX, be corrected to show that on 22 May
1998, based on the suspension of her reduction in grade, she assumed the
grade of senior airman (E-4), effective 22 May 1998 and with a date of
rank (DOR) of 5 October 1995.






  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency

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