RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02761
INDEX CODE: 129.00
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
Her DD Form 214, Certificate of Release or Discharge from Active
Duty, be corrected to reflect her grade as staff sergeant.
___________________________________________________________________
APPLICANT CONTENDS THAT:
Her correct grade at discharge was staff sergeant, but her DD Form
214 reflects the grade of senior airman.
In support of her appeal, applicant submitted a copy of MSG NBR-
1151-00907D, which indicates that member is entitled to disability
severance pay computed in the grade of staff sergeant.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
On 12 Oct 77, applicant enlisted in the Regular Air Force in the
grade of airman basic for a period of four years. She reenlisted
on 5 Nov 82 for a period of five years in the grade of sergeant.
She was promoted to the grade of staff sergeant on 1 Feb 85 and
remained in that grade until 29 May 86.
On 27 May 86, she received an Article 15 for failure to go to her
appointed place of duty on 21, 22, and 23 May 86. Her punishment
consisted of reduction in grade to sergeant and forfeiture of $100
for one month. She was given a new date of rank in the grade of
sergeant effective 30 May 86. Her Noncommissioned Officer (NCO)
status was vacated on 5 Jun 86.
On 2 Oct 86, applicant was honorably discharged under the
provisions of AFR 35-4, in the grade of senior airman, with a
reason for separation of Disability Entitled to Severance Pay.
Based on a grade determination by the Secretary of the Air Force
Personnel Council (SAFPC), it was determined that she had served
satisfactorily in the highest grade held, staff sergeant.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPD reviewed this application and recommended denial. The
purpose of the military disability evaluation system (DES) is to
maintain a fit and vital force by separating or retiring members
who are unable to perform the duties of their office, grade, rank
or rating. Members who are separated or retired by reason of a
physical disability may be eligible for certain disability
compensation.
Disability processing records reveal the applicant underwent both a
medical and physical evaluation board which ultimately discharged
her with entitlement to severance pay with a 10 percent disability
rating. Since the member had been reduced to the grade of senior
airman, her case was forwarded to SAFPC for a grade determination.
Ultimately, SAFPC determined that she had served satisfactorily in
the highest grade held, staff sergeant. The applicant was paid
severance pay at the highest grade. However, grade determination
action does not insinuate the veteran’s rank was restored to the
grade from which she was demoted. The purpose of the DD Form 214
is to record personnel data for the period of a member’s active
duty service.
A complete copy of the 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 19 Dec 03 for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit E).
___________________________________________________________________
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. We took notice of
the applicant's complete submission in judging the merits of the
case. Applicant asserts that her records should be corrected to
reflect her grade at the time of discharge as staff sergeant.
However, evidence in the record reflects that she had been reduced
to the rank of senior airman as a result of an Article 15 action
prior to her discharge. SAFPC determined applicant had served
satisfactorily in the grade of staff sergeant and she was paid
severance pay at the highest grade. Therefore, based on the
evidence of record, we find no error in this case and after
thoroughly reviewing the documentation that has been submitted in
support of applicant's appeal, we do not believe she has been the
victim of an error or injustice. In view of the foregoing, and in
the absence of evidence to the contrary, we find no basis upon
which to recommend favorable action on the applicant’s request.
___________________________________________________________________
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 AFBCMR Docket Number
BC-2003-02761 in Executive Session on 21 January 2004, under the
provisions of AFI 36-2603:
Ms. Brenda L. Romine, Panel Chair
Mr. James A. Wolffe, Member
Ms. Rita J. Maldonado, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Aug 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPD, dated 9 Dec 03.
Exhibit D. Letter, SAF/MRBR, dated 19 Dec 03.
BRENDA L. ROMINE
Panel Chair
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