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AF | BCMR | CY2004 | BC-2003-03291
Original file (BC-2003-03291.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2003-03291
            INDEX NUMBER: 110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her deceased husband’s DD Form 214,  Certificate  of  Release  or  Discharge
from Active Duty, be corrected to  show  that  his  grade  at  the  time  of
discharge was technical sergeant (E-6).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

Since the  Dependency  and  Indemnity  Compensation  (DIC)  awarded  by  the
Veterans Administration was based on the highest rank held by  her  husband,
his DD Form 214 should be corrected.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The decedent contracted his initial enlistment in the Regular Air  Force  on
14 May 70.  He was progressively promoted to the grade of staff sergeant (E-
5) having assumed that grade effective and with a date of rank of 1 Mar  77.
 On 7 Apr 80, he received nonjudicial punishment under  Article  15  of  the
Uniform Code of Military Justice for failing to go to  his  appointed  place
of duty and being drunk  on  station.   He  was  reduced  to  the  grade  of
sergeant.  On 18 Aug 80, his NCO status was vacated.  On 5 May  80,  he  was
notified by his commander that he was recommending  that  he  be  discharged
from the Air Force in accordance with AFM 39-12.  The  specific  reason  for
this action was  he  was  diagnosed  as  having  a  character  and  behavior
disorder.  The discharge authority concurred  with  the  recommendation  and
directed that he be discharged without  probation  and  rehabilitation.   He
was discharged from the Air Force in the grade of senior  airman  on  23 Sep
80 and issued a general discharge.  He served 10 years,  4  months,  and  10
days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied and states,  in  part,  that
upon reviewing the deceased member’s  records  it  was  determined  that  he
never served on active duty in a  grade  higher  than  staff  sergeant.   No
errors or injustices occurred in the separation  processing;  therefore,  no
correction to the DD Form 214 is required.

The AFPC/DPPRS 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  Jan
04 for review and comment 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.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinion and recommendation of  the  Air  Force  office  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 AFBCMR Docket Number  BC-2003-
03291 in Executive Session on 16 Mar 04, under the  provisions  of  AFI  36-
2603:

      Ms. Olga M. Crerar, Panel Chair
      Mr. James W. Russell III, Member
      Mr. James A. Wolfe, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Apr 97, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 20 Jan 04.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Jan 04.




                                   OLGA M. CRERAR
                                   Panel Chair

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