RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03649
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active
Duty, be changed to reflect the grade of E-4 (senior airman,
SrA) rather than E-3 (airman first class, A1C).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He received an Article 15, Record of Nonjudicial Punishment
Proceedings, in January 2000 and his punishment was a reduction
in rank for one year. His reduction to the grade of E-3 began
on 9 Feb 00 and he should have been reinstated to E-4 on 9 Feb
01.
His discharge date was 28 Feb 01, more than a year after his
Article 15; however, his DD Form 214 reflects the pay grade of
E-3.
In support of his request, the applicant provides a copy of his
DD Form 214.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 29 Jan 97, the applicant entered the Regular Air Force as an
airman basic (E-1).
On 29 Jul 97, the applicant was promoted to the rank of airman
(E-2), A1C (E-3)on 29 May 98, and SrA (e-4)on 29 Jan 00.
On 2 Feb 00, the applicant received an Article 15 for
dereliction of duties and making a false statement with the
intent to deceive. His punishment consisted of a reduction to
the grade of A1C with a new date of rank of 9 Feb 00, 30 days
extra duty suspended until 8 Aug 00, and a reprimand.
On 28 Feb 01, the applicant was honorably discharged for
completion of required service in the grade of E-3.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSOE recommends denial and states that based on the
minimum time in grade eligibility requirements to be promoted
from A1C to SrA, the applicant would not have had sufficient
time to be promoted prior to his discharge. Based on the
applicants reduction in grade and new date of rank, he would
not have been eligible for promotion to SrA until he received
20 months time in grade and 36 months time in service (9 Oct
01).
The complete DPSOE 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 14 Jan 11 for review and comment within 30 days
(Exhibit D). As of this date, this office has not received a
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 error or injustice. We took notice
of the applicant's 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 the applicant has not
been the victim of an error or injustice. Therefore, in the
absence of evidence to the contrary, we find no 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 Docket Number
BC-2010-03649 in Executive Session on 12 April 2011, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Oct 10, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSOE, dated 30 Nov 10.
Exhibit D. Letter, SAF/MRBR, dated 14 Jan 11.
Panel Chair
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