RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02658
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show that he was not nonrecommended for
promotion and was promoted to the grade of technical sergeant
effective and with a date of rank of 1 March 2006.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His promotion nonrecomendation was based on a false accusation, before
he was afforded his constitutional right to trial and the charges were
subsequently dismissed with prejudice.
In support of his request, applicant submits a copy of Notice of Entry
of Judgment and/or Order and Plea/Judgment, Request for Promotion
Reinstatement Memorandum, a copy of a Nonrecommendation for Promotion
Memorandum, a copy of Response to Letter of Reprimand (LOR) and
Unfavorable Information Action Memorandum, and excerpts from his
military personnel records.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 9 August 1995, for
a term of four years as an airman basic. He was progressively
promoted to the grade of staff sergeant. He was considered and
tentatively selected for promotion to the grade of technical sergeant
during promotion cycle 05E6. He would have been promoted on 1 March
2006. On 23 January 2006, his commander non-recommended him for
promotion based on his failure to obey, that resulted in his arrest
for operating a vehicle under the influence of an intoxicant.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPWB recommends denial. DPPPWB states in part, the fact that
his case was dismissed does not mean he was innocent of the offense.
Based on a conversation between AFPC/JA and the legal office at Hickam
AFB, the case was dismissed, because the arresting officer failed to
appear in court. His commander issued the LOR and nonrecommended him
for promotion because he failed to obey a direct order and was driving
under the influence, with a blood alcohol level of .199%, not based on
whether or not he was found guilty of the offense or convicted by
trial. Commanders have the authority to nonrecommend members for
promotion, who they feel are not ready to assume the duties and
responsibilities of the next higher rank.
The DPPPWB evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
9 Nov 06, for review and comment within 30 days. As of this date,
no response has been received by this office.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. After a thorough review of the
applicant’s submission and the available evidence of record, we are
not persuaded that the relief requested should be granted. We took
notice of the 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 its rationale as the basis
for our conclusion that the former member has not been the victim of
an error or injustice. Therefore, we find no compelling basis to
warrant favorable consideration of the relief sought in this
application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of a 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 no considered with this application.
_________________________________________________________________
The following members of the Board considered Docket Number BC-2006-
02658 in Executive Session on 12 December 2006, under the provisions
of AFI 36-2603:
Mr. John B. Hennessey, Panel Chair
Ms. Patricia R. Collins, Member
Ms. Teri G. Spoutz, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Jul 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPWB, dated 2 Nov 06.
Exhibit D. Letter, SAF/MRBR, dated 9 Nov 06.
JOHN B. HENNESSEY
Panel Chair
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