RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03657
INDEX CODE: 131.00
XXXXXXXXXXX COUNSEL: NONE
(DECEASED)
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 2 JUN 2008
___________________________________________________________________
APPLICANT REQUESTS THAT:
The spouse of the deceased member requests that his rank of airman
second class (A2C) be restored.
___________________________________________________________________
APPLICANT CONTENDS THAT:
She recently learned from her son about the incident which resulted
in the late husband’s reduction in rank. They believe the
punishment might have been racially motivated and should be
excusable. She feels reinstating his rank is all she can do now to
honor her husband.
In support of her appeal, she submitted a copy of the deceased
military member’s death certificate; a copy of their marriage
certificate; his letter of reprimand, dated 23 Jul 58, along with
the Personnel Action Memorandum Number 47 and 48, dated 22 and
23 Jul 58, respectively; letters of commendation, and other
supporting documentation.
Applicant’s complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The former service member enlisted in the US Army Reserve on
27 Oct 53 until his discharge on 20 Oct 54. On 21 Oct 54, he
enlisted in the Regular Air Force for a period of four years in the
grade of airman basic. He was progressively promoted to the grade
of airman second class with a date of rank of 1 Apr 56.
He received character and efficiency ratings of excellent from
4 Jan 55 to 22 Jan 55, and from 24 May – 4 Jun 55.
On 23 Jul 58, he received an Article 15 for failing to obey an
order by the Noncommissioned Officer in Charge (NCOIC), Air Police
Section restricting him to the limits of the base. He acknowledged
receipt of the notification and waived his rights to submit
statements in his own behalf. His punishment consisted of
reduction in grade to airman third class (A3C).
On 11 Sep 58, he was honorably released from active duty and
transferred to the Air Force Reserve. His grade at the time of
separation was A3C with a date of rank of 23 Jul 58. He was
credited with 3 years, 10 months, and 21 days of active duty
service, including 1 year, 2 months, and 11 days of foreign
service. On 25 Oct 61, he was honorably discharged from the Air
Force Reserve in the grade of airman third class.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPWB reviewed this application and recommended denial.
The former service member was reduced in grade from A2C to A3C on
23 Jul 58 as a result of disciplinary punishment for failing to
obey an order. Although, the applicant provides character
references attesting to her husband’s service to his community
following his discharge from the Air Force, there is no evidence or
documentation to support an error or injustice was committed
concerning the disciplinary action taken and the resulting
punishment.
HQ AFPC/DPPPWB’s complete 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 12 Jan 07 for review and comment within 30 days (Exhibit D).
___________________________________________________________________
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, including the letter of commendation submitted on the former
service member’s behalf. However, the evidence of record reflects
the he was reduced to the rank of airman third class as a result of
an Article 15 action prior to his discharge. Therefore, based on
the evidence of record, we find no error in this case and after
thoroughly reviewing the documentation that has been submitted in
support of applicant's appeal, we do not believe the former service
member has been the victim of an error or injustice. In view of
the foregoing, and in the absence of evidence to the contrary, we
find no basis upon which to recommend favorable action on the
applicant’s request.
___________________________________________________________________
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-2006-03657 in Executive Session on 21 February 2007, under the
provisions of AFI 36-2603:
Mr. Michael J. Novel, Panel Chair
Mr. Reginald P. Howard, Member
Ms. Barbara R. Murray, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Nov 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPWB, dated 3 Jan 07.
Exhibit D. Letter, SAF/MRBR, dated 12 Jan 07.
MICHAEL J. NOVEL
Panel Chair
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