Search Decisions

Decision Text

AF | BCMR | CY2003 | BC-2003-01423
Original file (BC-2003-01423.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2003-01423
                                        INDEX CODE:  107.00

                                        COUNSEL:  NONE

                                        HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His pay grade of E-3 be restored to E-4.

2.  His record be corrected to include the Good Conduct Medal and  the
Air Force Commendation Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

While hospitalized at Wilford Hall  Medical  Center,  he  received  an
Article 15 for financial irresponsibility and was reduced by  one  pay
grade.  He retained civilian legal  services,  circa  10  Oct  86,  to
accomplish a Chapter 7 Bankruptcy.   It  is  incomprehensible  why  he
would  suffer  the  consequences  of  a  liquidation  bankruptcy   and
additionally be penalized one pay grade.  He had already lost all  his
personal possessions; why further exacerbate the injury.  The  Article
15 was charged two months after retaining legal services and in no way
affected his performance.

Applicant did not submit any  documents  in  support  of  the  appeal.
Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 5 January 1983.   Prior
to the events under review, he was progressively promoted to the grade
of senior  airman.   During  his  service,  he  received  four  Airman
Performance Reports (APRs) in which the overall evaluations were  “8,”
“8,” “6,” and “9.”

On 13 May 1985, the applicant received an Article 15 for driving under
the influence of alcohol on or about 6 May 1985 in Italy.   Punishment
consisted of reduction to the grade of airman and  forfeiture  of  $75
per month for two months but the execution  of  the  portion  of  this
punishment that provided for reduction to airman was  suspended  until
10 November 1985.  On 18 November 1986, he received another Article 15
for dereliction of duty at Lackland AFB on or  about  10,  11  and  12
November 1986 by willfully failing to prepare run cards  and  put  the
buildings and their street locations on  the  cards.   The  punishment
consisted of a reduction in grade from senior airman to  airman  first
class.

On 8 January 1987, the applicant was honorably discharged in the grade
of airman first class (E-3) due to expiration of his term of  service.
He had served four years and four days  of  active  duty  service.   A
reenlistment  eligibility  (RE)  code  of  2H  (Entered  into  Alcohol
Rehabilitation Program and has not completed or has failed to complete
the program) was assigned.  His separation document shows he had  been
awarded the Air Force Training Ribbon, the  Air  Force  Overseas  Long
Tour Ribbon, the Air Force Outstanding  Unit  Award,  the  Small  Arms
Expert Ribbon, and the Air Force Longevity Service Award Ribbon.

_________________________________________________________________

AIR FORCE EVALUATION:

AFLSA/JAJM states that the commander  was  authorized  to  reduce  the
applicant’s rank one grade and pay.  The commander’s imposition  of  a
one-grade reduction was a permissible punishment and was warranted  in
light  of  the  applicant’s  disciplinary  record.   Therefore,   they
recommend denial of applicant’s  request.   A  complete  copy  of  the
evaluation is attached at Exhibit C.

AFPC/DPPPWB  states  that  they  defer  to   the   recommendation   of
AFLSA/JAJM.  A complete  copy  of  their  evaluation  is  attached  at
Exhibit D.

AFPC/DPPPR states that the applicant is not eligible for award of  the
Air Force Good Conduct (AFGC) Medal.  He entered  the  military  on  5
January 1983, and did not complete three years of  exemplary  behavior
and service because of his first Article 15, which was administered in
1985.  His second Article 15 occurred in 1986,  and  he  separated  in
1987.  There is no indication in the applicant’s records that  he  was
recommended for, or awarded the Air Force Commendation  Medal  (AFCM).
His first assignment after training was at Aviano AB in Italy.   Since
he received his first Article 15 during this assignment, he would  not
be eligible for a decoration upon completion  of  his  overseas  tour.
After returning to  the  U.S.,  he  received  another  Article  15  at
Lackland AFB, TX, rendering him ineligible for award of  a  decoration
for his last assignment in the Air Force.  They are unable  to  verify
the applicant’s eligibility for  any  additional  individual  or  unit
awards or decorations.  Therefore, they recommend disapproval  of  the
applicant’s request.  A complete copy of their evaluation is  attached
at Exhibit E.

_________________________________________________________________

REVIEW OF AIR FORCE EVALUATION:

On 19 September  2003,  copies  of  the  Air  Force  evaluations  were
forwarded to the applicant for review and response within 30 days.  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 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.  After reviewing the evidence  of
record, we are not persuaded that the applicant’s records are in error
or that he has been the victim of an injustice.  His  contentions  are
noted; however, in our opinion, the detailed comments provided by  the
appropriate Air Force offices adequately  address  those  allegations.
Therefore, we agree with opinions and recommendations of the Air Force
and adopt their rationale as the basis for  the  conclusion  that  the
applicant has not been the victim of an error or  injustice.   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  this  application,  BC-
2003-01423, in  Executive  Session  on  30  October  2003,  under  the
provisions of AFI 36-2603:

                       Mr. Richard A. Peterson, Panel Chair
                       Ms. Charlie E. Williams, Jr., Member
                       Ms. Dorothy P. Loeb, Member

The following documentary evidence was considered:


      Exhibit A. DD Form 149, dated 18 Apr 03.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFLSA/JAJM, dated 3 Jun 03.
      Exhibit D. Letter, AFPC/DPPPWB, dated 1 Jul 03.
      Exhibit E. Letter, AFPC/DPPPR, dated 15 Sep 03, w/atch.
      Exhibit F. Letter, SAF/MRBR, dated 19 Se[ 03.




                             RICHARD A. PETERSON
                             Panel Chair


Similar Decisions

  • AF | BCMR | CY2004 | BC-2003-03591

    Original file (BC-2003-03591.DOC) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-03591 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His grade of senior airman (E-4) be reinstated. On 21 January 2003, applicant was notified of his commander's intent to impose nonjudicial punishment on him under Article 15, UCMJ. After reviewing the applicant’s submission and the evidence of...

  • AF | BCMR | CY2003 | BC-2003-01496

    Original file (BC-2003-01496.DOC) Auto-classification: Denied

    In support of his appeal, the applicant provided extracts from his available military personnel records. The basis of the applicant's request for relief was insufficient to warrant setting aside the Article 15 action, and did not demonstrate an equitable basis for relief. By letter, dated 19 Aug 03, the Board's staff requested that the applicant provide information pertaining to his activities since leaving the service.

  • AF | BCMR | CY2003 | BC-2002-02844

    Original file (BC-2002-02844.DOC) Auto-classification: Denied

    The applicant has provided no evidence of a clear error or injustice related to the nonjudicial punishment action. _________________________________________________________________ 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...

  • AF | BCMR | CY2004 | BC-2003-01763

    Original file (BC-2003-01763.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-01763 INDEX CODES: 100.06, 131.06 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her rank be changed from airman basic to airman first class. The applicant has provided no evidence of a clear error or injustice related to the nonjudicial punishment action. The evidence of record reflects that the...

  • AF | BCMR | CY1998 | 9702382

    Original file (9702382.pdf) Auto-classification: Denied

    A copy of the Air Force evaluation is attached at Exhibit C. They The Superintendent, Military Testing Section, HQ AFPC/DPPPWE, states that with regard to the promotion testing study time and receipt of study material, the time frames apply .in most cases and obviously don't apply in situations where the BCMR directs supplemental promotion consideration. 3 policy, the results of this test were use in his promotion consideration for the 95A7 cycle as well as the 94A7 and 93A7 cycles. 5 Mrs....

  • AF | BCMR | CY2003 | BC-2003-01608

    Original file (BC-2003-01608.DOC) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-01608 INDEX CODE: 131.09 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His rank of staff sergeant (E-5) be restored, with a date of rank (DOR) of 1 Dec 99. On 8 Apr 02, after considering the matters presented by the applicant, the commander found that the applicant had committed the alleged...

  • AF | BCMR | CY2004 | BC-2003-03225

    Original file (BC-2003-03225.DOC) Auto-classification: Denied

    We find no evidence of error in this case, and after thoroughly reviewing the documentation provided in support of his appeal, we do not believe he has been the victim of an injustice. The Board notes that in accordance with the decision of the Secretary of the Air Force Personnel Council, the applicant's grade will be advanced to staff sergeant on the retired list for pay purposes on 10 January 2008. _________________________________________________________________ THE BOARD DETERMINES...

  • AF | BCMR | CY2004 | BC-2004-00397

    Original file (BC-2004-00397.DOC) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-00397 INDEX CODE: 133.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His grade of airman first class (E-3) be reinstated, with his original date of rank (DOR) of 9 October 2000, and consideration for promotion to the grade of senior airman (E-4). The applicant is currently serving on active duty in...

  • AF | BCMR | CY2003 | BC-2003-02292

    Original file (BC-2003-02292.DOC) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-02292 INDEX CODE: 131.00 XXXXXXXXXXXXXXXXXX COUNSEL: None XXXXXXXXXXX HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be reinstated to the grade of technical sergeant (E-6). During his court-martial, the applicant offered mitigating circumstances in his defense including his excellent service record, statements...

  • AF | BCMR | CY1999 | 9703180

    Original file (9703180.doc) Auto-classification: Approved

    He was not absent without leave (AWOL) [the basis for the Article 15] because he had a third amended order, dated 9 January 1997, that extended his TDY at Wilford Hall Medical Center (WHMC), Lackland AFB, for a total of 176 days, and was given verbal authorization to remain TDY after his medical evaluation board (MEB) was concluded. A copy of the complete Air Force evaluation is at Exhibit C. The Chief, Inquiries/AFBCMR Section, HQ AFPC/DPPPWB, evaluated the appeal and stated that the...