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AF | BCMR | CY2003 | BC-2003-00559
Original file (BC-2003-00559.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00559
            INDEX NUMBER:  133.00
      XXXXXXXXXXXXX    COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be restored to the grade of E-2 with his original date of rank.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He was erroneously demoted and never received a formal Article 15.  He
is not seeking any back pay or benefits.

The applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Air Force on 2 May 61 for a term of four
years.  On 21 Mar 62, the applicant was convicted by a Summary  Court-
martial for the offense of failure to obey a lawful order by operating
a motor vehicle on base without a valid state operators  permit.   The
applicant was reduced to the grade of airman basic (E-1).

On 6 May 62, the applicant sustained a severe head injury when he fell
from a moving  truck  while  on  duty.   The  applicant’s  injury  was
determined to be in line of duty and not due to misconduct.  On 22 Oct
62,  after  treatment  and  continuing  problems,  the  applicant  was
hospitalized for consideration by a physical evaluation  board  (PEB).
On 7 Feb 63, the PEB recommended that the applicant be placed  on  the
Temporary Disability Retired List  (TDRL).   Due  to  the  applicant’s
impending retirement, a grade  determination  was  done  to  determine
whether he should retire in  the  grade  of  E-2  vice  E-1.   It  was
determined that the applicant did  not  serve  satisfactorily  in  the
higher grade.  On 26 Mar 63, the applicant was placed on the  TDRL  in
the grade of airman basic with a 70% disability rating.  On 23 Oct 64,
the applicant was removed from the TDRL and permanently retired in the
grade of airman basic.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/JA recommends denial of the applicant’s request.   The  applicant
was actually reduced as a result of a  summary  court-martial  action,
not administratively as he asserts.   The  applicant  states  that  he
never received a formal Article 15.  This is  correct,  but  does  not
reflect an error.  A convening authority has discretion in determining
what action to take concerning minor offenses under the UCMJ,  and  it
is wholly within that discretion to determine to proceed with  summary
court-martial action rather than under Article  15.   They  also  note
that the same reduction in grade that the applicant complains of could
have occurred by Article 15.

The complete evaluation is at Exhibit C.

AFPC/DPPPWB defers to the recommendation  of  AFPC/JA.   The  complete
evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
25 Apr 03 for review and comment within 30 days.  To date, a  response
has not been received.

_________________________________________________________________

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  Air
Force offices of primary responsibility 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 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-2003-
00559 in Executive Session on 19 June 2003, under  the  provisions  of
AFI 36-2603:

      Ms. Olga M. Crerar, Panel Chair
      Mr. David W. Mulgrew, Member
      Mr. Vaughn E. Schlunz, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, undated, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/JA, dated 25 Mar 03.
    Exhibit D.  Memorandum, AFPC/DPPPWB, dated 1 Apr 03.
    Exhibit E.  Letter, SAF/MRBR, dated 25 Apr 03.




                                   OLGA M. CRERAR
                                   Panel Chair

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