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
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