RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-00425
                                       INDEX CODE:  131.00
      XXXXXXXXXXXXXXXXXXXXXXX           COUNSEL: NO

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  15 August 2007


_________________________________________________________________

APPLICANT REQUESTS THAT:

His 14 days of lost time be restored and his  rank  of  sergeant   (E-4)  be
reinstated.
_________________________________________________________________

APPLICANT CONTENDS THAT:

The applicant gives no reason why  he  believes  he  suffered  an  error  or
injustice.  He simply states, “Let my record represent.”

In support of his application, the applicant provides copies of his DD  Form
214, Report of Separation From Active Duty,  and  his  commander’s  approval
for waiver of lost time.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 4 March 1971, the applicant enlisted in the Regular Air Force at the  age
of 18 in the grade of airman (E-1) for a  period  of  four  years.   He  was
trained and served as an Electrical Power  Production  Specialist.   He  was
progressively promoted to the rank of sergeant (E-4) effective  and  with  a
date of rank of 1 June 1973.

On 29 July 1971, the applicant received Article 15 punishment for  theft  in
the amount of less than $100.  His punishment consisted of reduction to  the
grade of airman basic (E-1), forfeiture of $70 per  month  for  two  months,
and 30 days correctional custody.  The portion of  the  punishment  relating
to reduction in grade was suspended until  28  January  1972  unless  sooner
vacated.

While on leave in 1972, the applicant was arrested  for  contempt  of  court
and assault on a police officer.  He was found guilty and  sentenced  to  20
days in civilian confinement in a  county  jail.   He  served  14  days  (25
August – 7 September 1972) of his sentence in confinement.

On 6 November 1972, the applicant lost his on-base  driving  privileges  for
misuse and unauthorized use of  a  government  vehicle  and  dereliction  of
duty.

On 4 January 1973, the applicant received Article 15 punishment for  failure
to go.  His punishment consisted of reduction to the grade of  airman  (E-2)
and forfeiture of $50 of  pay.   That  portion  of  punishment  relating  to
reduction in grade was suspended until 15 June 1972 unless  sooner  vacated.


On 13 November 1974, the applicant received a Letter of Reprimand (LOR)  for
failure to go.  He received a suspended reduction to the grade of airman (E-
2) and forfeiture of $50 of his pay.  On 14  November  1974,  the  applicant
received Article 15 punishment for failure  to  go.  He  accepted  the  non-
judicial punishment and requested  to  make  an  oral  presentation  in  his
behalf.  After considering the applicant’s oral presentation, his  commander
imposed a suspended reduction to the  grade  of  airman  first  class  (E-3)
until 1 May 1975 unless sooner vacated.  The applicant chose not  to  appeal
the punishment.

On 22 January 1975,  the  applicant  was  notified  by  his  commander  that
vacation of suspension of his reduction in grade to airman first  class  (E-
3) was being considered due to his misconduct of disrespectful  language  to
a senior  Non-Commissioned  Officer,  having  a  goatee  without  a  medical
waiver, and by wearing  an  unclean  uniform.   The  applicant  requested  a
personal hearing.  On 3 February 1975, his commander vacated the  suspension
and reduced the applicant to the grade of airman first class  (E-3)  with  a
new date of rank of 3 February 1975.

On 3 February  1975,  the  applicant  received  Article  15  punishment  for
failure to go on or about 17 January 1975 and again on or about  20  January
1975.  His punishment consisted of reduction to the grade  of  airman  (E-2)
and restriction to the limits of the base for 14 days.  That portion of  the
sentence pertaining to reduction in grade was suspended until 1  April  1975
unless sooner vacated.

On  3  March  1975,  the  applicant  was  honorably  discharged  under   the
provisions of AFM 39-10.  He served 3  years,  11  months,  and  16 days  on
active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPWB recommends denial of the applicant’s request  for  reinstatement
of rank.  DPPPWB states the applicant received a Letter of  Reprimand  (LOR)
on 13 November 1974 for failure to go and an Article 15 on 14 November  1974
for failure to go.  His punishment consisted of reduction  to  the  rank  of
airman first class (E-3), suspended until 1 May 1975.   Because  of  further
misconduct on 20 December 1974, the suspended reduction was vacated  and  he
was reduced to the grade of airman first class with a new date of rank of  3
February 1975.  The applicant has provided no evidence to support  an  error
or injustice occurred.

The DPPPWB evaluation is at Exhibit C.

AFPC/DPF recommends granting relief in regard to the applicant’s request  to
restore his 14 days of lost time.  DPF states  the  applicant  was  confined
from 25 August – 7 September 1972.  The period of lost time charged  was  14
days.  On 3 June 1975, he applied for a waiver requesting  his  14  days  of
lost time be waived for the purpose of separation.  On 7 January  1975,  his
commander approved the request; however, action  to  revoke  the  lost  time
from the applicant’s record prior to his separation was never  accomplished.


The DPF evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:


Copies of the Air Force evaluations were forwarded to the  applicant  on  28
April 2006 for review and response within 30 days.  As of  this  date,  this
office has received no response.

_________________________________________________________________

SAF/MRB LEGAL REVIEW:

Subsequent to the Board’s request, the  SAF/MRB  Legal  Advisor  provided  a
review of this appeal.  The SAF/MRB Legal Advisor recommends denial  of  the
applicant’s request to restore his 14 days of  lost  time.   The  MRB  Legal
Advisor states AFPC/DPPWB is incorrect in that the waiver  approved  by  the
applicant’s commander did not intend to remove the  14  days  of  lost  time
from the applicant’s record.  On the contrary, it prevented one  consequence
of having bad time, not the fact the applicant had bad time.  When a  member
incurs lost time, it is expected the member will serve extra duty  to  make-
up the time lost.  In this case,  the  applicant’s  original  Expiration  of
Term of Service (ETS) was extended by the 14 days of lost time  he  incurred
when held by civilian authorities, making his ETS 17 March  1975.   However,
the waiver, approved by his commander, allowed the applicant to separate  on
his original Expiration of Term of Service (ETS) of 3 March 1975 instead  of
17 March 1975.  The waiver does not remove the fact the applicant  has  lost
time.

The SAF/MRB Legal Advisor evaluation, with attachment, is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF SAF/MRB LEGAL ADVISOR EVALUATION:


A copy of the SAF/MRB  Legal  Advisor’s  evaluation  was  forwarded  to  the
applicant on 14 July 2006 for review and response  within  14 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 probable error or injustice with  respect  to  the  applicant’s
request to reinstate his rank of sergeant (E-4).  Based on the  evidence  of
record, we are not persuaded that the applicant is the victim  of  an  error
or an injustice.  We note the applicant received Article  15  punishment  on
14 November 1974 for failure to go.  His punishment consisted  of  reduction
to E-3, suspended until 1 May 1975.  Because of  further  misconduct  on  20
December 1974, the suspended reduction was vacated and  he  was  reduced  to
the grade of airman  first  class  with  a  new  DOR  of  3  February  1975.
Therefore, we find no error or injustice in the rank at which the  applicant
was separated.  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.  By approving his waiver request,  the  applicant’s  commander
waived the 14 additional days  of  service  added  to  the  applicant’s  ETS
because  of  the  lost  time  he  incurred  as  a  result  of  his  civilian
confinement.  His commander did not waive the fact the  applicant  had  lost
time, just the requirement for him to serve an additional 14  days  to  make
up the lost time.  Therefore, we agree with the assessments  by  AFPC/DPPPWB
and the SAF/MRB Legal Advisor and  find  no  basis  on  which  to  favorably
consider the applicant’s requests.

________________________________________________________________

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 in  Executive
Session on 20 June 2006 and 29 August 2006, under the provisions of AFI  36-
2603:

            Mr. Michael J. Maglio, Panel Chair
      Ms. Mary C. Puckett, Member
            Ms. Patricia R. Collins, Member

The following documentary evidence for AFBCMR  Docket  Number  BC-2006-00425
was considered:

      Exhibit A.  DD Form 149, dtd 7 Feb 06, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPPWB, dtd 4 Apr 06.
      Exhibit D.  Letter, AFPC/DPF, dtd 23 Mar 06.
      Exhibit E.  Letter, SAF/MRBR, dtd 28 Apr 06.
      Exhibit F.  Letter, SAF/MRB Legal Advr, dtd 6 Jul 06, w/atch.
      Exhibit G.  Letter, AFBCMR, dtd 14 Jul 06.




                                   MICHAEL J. MAGLIO
                                   Panel Chair