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
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