Search Decisions

Decision Text

AF | BCMR | CY2006 | BC-2005-03616
Original file (BC-2005-03616.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-03616
                                        INDEX CODE:  110.00
                                        COUNSEL:  None
                                        HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  2 JUNE 2007


_________________________________________________________________

APPLICANT REQUESTS THAT:

His rank of airman basic be upgraded to airman first class.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was an airman first class when he was  discharged.   He  was  reduced  to
airman basic without reason.

Applicant submits no supporting documentation.   Applicant’s  submission  is
at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 2 April 1973, the applicant enlisted in the  Regular  Air  Force  in  the
grade of airman basic (E-1) for a period of 4 years.  He  was  progressively
promoted to the grade of airman (E-2), with a  date  of  rank  of  2  August
1973.  He received one Airman Performance Report closing  6  March  1974  in
which the overall evaluation was 5.

On 9 October 1973, the state of Texas  charged  the  applicant  with  having
possession of a controlled substance to wit: marijuana.  For this  incident,
he was sentenced to 90 days in jail, but the sentence  was  reduced  to  one
year probation.

On 22 February 1974, he received  a  letter  of  reprimand  for  failure  to
maintain his room in a neat and orderly manner.

On 22 March  1974,  he  was  found  guilty  by  Summary  Court-Martial,  for
shoplifting.  He was sentenced to be reduced to the grade  of  airman  basic
(E-1).

On 8 May 1974, the applicant’s  commander  initiated  discharge  proceedings
against him under the  provisions  of  AFM  39-10,  paragraph  3-8L,  for  a
pattern of misconduct.   The  applicant  was  notified  of  his  commander’s
recommendation and that an honorable discharge was  being  recommended.   He
was advised of his rights and consulted with counsel and elected  to  submit
statements in his own behalf.  On  10  May  1974,  the  discharge  authority
directed that he be discharged with an honorable  discharge.   He  served  1
year, 1 month, and 13 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPWB recommends the  application  be  denied.   DPPPWB  advises  that
based on his date of rank to airman, he would have  normally  been  eligible
for promotion to airman first  class  on  2  April  1974,  provided  he  was
recommended by his commander.  However, on  22  March  1974,  he  was  found
guilty  by  summary  court-martial  for   shoplifting.     The   AFPC/DPPPWB
evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 20 January 2006, a copy of the Air  Force  evaluation  was  send  to  the
applicant for review and comment.  As of this  date,  this  office  has  not
received a 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  careful  consideration  of  the
applicant’s request and the available  evidence  of  record,  we  see  no
evidence that would warrant his rank be upgraded to airman  first  class.
We note that on 22 March 1974,  the  applicant  was  found  guilty  by  a
Summary Court-Martial for shoplifting and was reduced  to  the  grade  of
airman basic.  Therefore, 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’s rank of airman basic
received at the time  of  his  discharge  is  not  erroneous  or  unjust.
Accordingly, the applicant’s request is not favorably considered.

___________________________________________________________________





THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate
the  existence  of  probable  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  in
Executive Session on 9 March 2006, under the provisions of AFI 36-2603:

           Ms. Charlene M. Bradley, Panel Chair
           Ms. Josephine L. Davis, Member
           Mr. James A. Wolffe, Member

The following documentary  evidence  was  considered  for  AFBCMR  Docket
Number BC-2005-03616:

     Exhibit A.  DD Form 149, dated 6 Dec 05.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPWB, dated 9 Jan 06.
     Exhibit D.  Letter, SAF/MRBR, dated 20 Jan 06.





                                  CHARLENE M. BRADLEY
                                  Panel Chair

Similar Decisions

  • 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 | CY1999 | 9802646

    Original file (9802646.doc) Auto-classification: Approved

    _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPPWB reviewed the application and states that the applicant believes he was demoted from sergeant to airman first class. However, it is evident that based on the grade structures reflected in the two regulations indicated above, that some time between the date of the two regulations the grade of Sergeant (E-4) changed to Airman First Class (E-4). ...

  • AF | BCMR | CY2006 | BC-2006-00425

    Original file (BC-2006-00425.DOC) Auto-classification: Denied

    _________________________________________________________________ SAF/MRB LEGAL REVIEW: Subsequent to the Board’s request, the SAF/MRB Legal Advisor provided a review of this appeal. In regard to the applicant’s request to restore his lost time, we note the SAF/MRB Legal Advisor indicates the AFPC/DPF advisory opinion is incorrect in stating that an AF Form 2098 should have been processed reversing the “bad” time computation, and the failure to do so was an error. His commander did not...

  • AF | BCMR | CY2006 | BC-2006-00019

    Original file (BC-2006-00019.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-00019 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: YES MANDATORY COMPLETION DATE: 8 JULY 2007 _________________________________________________________________ APPLICANT REQUESTS THAT: His Reenlistment Eligibility (RE) Code and Narrative Reason for discharge be changed. After reviewing the evidence of record and the applicant’s submission, we are persuaded the applicant has...

  • AF | BCMR | CY2006 | BC-2005-03330

    Original file (BC-2005-03330.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-03330 INDEX CODE: 111.02 XXXXXXXXXXXXXXXXX COUNSEL: NONE XXXXXXXXXX HEARING DESIRED: UNKNOWN MANDATORY CASE COMPLETION DATE: 4 May 2007 _________________________________________________________________ APPLICANT REQUESTS THAT: He be granted a waiver of attending the Senior Non-Commissioned Officer Academy (SNCOA) due to his physical disability, and be advanced to the grade of...

  • AF | BCMR | CY2000 | 9900471

    Original file (9900471.doc) Auto-classification: Denied

    On 21 Feb 57, the applicant was discharged from the Air Force in the grade of airman basic under the provisions of AFR 39-17 (Unfitness) with an undesirable discharge. AIR FORCE EVALUATION: The Military Personnel Management Specialist, AFPC/DPPRS, reviewed this application and indicated that the applicant did not identify any specific errors in the discharge proceedings nor provide facts warranting an upgrade of the discharge he received. Exhibit B.

  • AF | BCMR | CY2006 | BC-2005-02521

    Original file (BC-2005-02521.doc) Auto-classification: Approved

    The applicant accepted nonjudicial punishment. _________________________________________________________________ AIR FORCE EVALUATION: AFLSA/JAJM recommends denial. Exhibit B.

  • AF | BCMR | CY2004 | BC-2004-01642

    Original file (BC-2004-01642.DOC) Auto-classification: Denied

    DPPPWB states that, based on the Air Force Clemency and Review Board’s letter of 29 March 2004, remitting the applicant’s bad conduct discharge, MilPDS has been administratively corrected to reflect the applicant’s grade as airman (E-2), with an effective date and date of rank of 30 March 2004. The HQ AFPC/JA evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS: The applicant reviewed the advisory opinion...

  • AF | BCMR | CY2007 | BC-2005-03330-2

    Original file (BC-2005-03330-2.DOC) Auto-classification: Denied

    To support his contentions, the applicant provided copies of his promotion order to the grade of senior master sergeant (SMSgt) (E-8), application for voluntary retirement, and addendum to application for voluntary retirement. As stated in their initial advisory, promotion history files are only maintained for a period of ten years; therefore, they have no way of knowing whether the applicant was considered for promotion to CMSgt during the timeframe in question (from cycle FY70 until his...

  • AF | BCMR | CY2005 | BC-2005-00289

    Original file (BC-2005-00289.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-00289 INDEX CODE: 110.02 XXXXXXXXXXXXXXXX COUNSEL: NONE XXXXXXXXXXXX HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 28 JULY 2006 _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to general (under honorable conditions). DPPRS states that based upon the documentation in the file, the discharge was...