RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-03978
INDEX CODE: 131.00
XXXXXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The rank reflected on his DD Form 214, Certificate of Release or Discharge
from Active Duty, be corrected to reflect senior airman (SrA) (E-4) versus
airman first class (A1C) (E-3). In addition, his DD Form 214 be corrected
to reflect his award of the Small Arms Expert Marksmanship Ribbon (SAEMR).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was told his rank could be corrected.
In support of his appeal, the applicant provides copies of his DD Form 214;
AF Form 522, USAF Ground Weapons Training Data; and a congratulatory
promotion certificate from his commander.
The applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 6 May 1991, the applicant enlisted in the Regular Air Force at the age
of 20 for a period of four years in the rank of airman basic (E-1). He was
progressively promoted to the grade of SrA effective and with a date of
rank of 6 May 1994.
On 7 October 1994, the applicant received Article 15 punishment for being
drunk and disorderly. His punishment consisted of reduction in grade to
A1C with a new date of rank of 7 October 1994.
The applicant was honorably discharged on 5 May 1995 for completion of
required service. He served a total of four years on active duty.
AFPC/DPSIDR notified the applicant on 23 January 2008 that they were able
to verify his entitlement to the award of the SAEMR. DPSIDR stated they
will issue a DD Form 215, Correction to DD Form 214, to add the SAEMR to
the applicant’s record following the Board’s action on his appeal.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOE recommends denial of the applicant’s request to correct his rank
from A1C to SrA. DPSOE states the applicant has not provided any evidence
proving an error or injustice occurred. His commander was acting within
his authority when he imposed Article 15 punishment reducing the applicant
to the grade of A1C.
The DPSOE evaluation, with attachment, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 10
January 2008 for review and response within 30 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 an error or an injustice. We took notice of the applicant's
complete submission in judging the merits of the case and note the
administrative correction of his record to reflect award of the SAEMR;
however, regarding his request to change his grade, 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 applicant has not been the victim of an error or injustice. Therefore,
in the absence of evidence to the contrary, we find no compelling basis to
recommend granting the relief sought in this application.
______________________________________________________________
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 29 April 2008, under the provisions of AFI 36-2603:
Mr. Gregory A. Parker, Panel Chair
Mr. Joseph D. Yount, Member
Mr. James A. Wolffe, Member
The following documentary evidence was considered in connection with AFBCMR
Docket Number BC-2007-03978:
Exhibit A. DD Forms 149, dated 28 Nov 07, w/atchs.
Exhibit B. Letter, AFPC/DPSIDR, dated 23 Jan 08, w/atch.
Exhibit C. Letter, AFPC/DPSOE, dated 10 Jan 08.
Exhibit D. Letter, SAF/MRBR, dated 8 Feb 08.
GREGORY A. PARKER
Panel Chair
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