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AF | BCMR | CY2008 | BC-2007-03978
Original file (BC-2007-03978.DOC) Auto-classification: Denied

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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