DOCKET NUMBER: BC-2012-00566
COUNSEL: NONE
HEARING DESIRED: YES
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:
________________________________________________________________
APPLICANT REQUESTS THAT:
His promotion to the rank of Airman, (E-2) be retroactive to
1 July 2011.
________________________________________________________________
APPLICANT CONTENDS THAT:
On 23 December 2010, he accepted an Article 15 punishment which
included a reduction in rank. He completed the punishment in
June 2011. He was not placed on a control roster and should
have been eligible for promotion on 1 July 2011. The promotion
eligibility code was incorrectly entered in the personnel
database which delayed his eligibility by six months. The
Selection Board superintendent at ARPC reviewed his record and
concurred that his unfavorable information file (UIF), promotion
eligibility and reenlistment eligibility codes should have been
updated on 22 June 2011 to reflect completion of the punishment.
This did not occur until December 2011.
In support of his request, the applicant submits copies of an AF
Form 3070A, Record of Nonjudicial Punishment Proceedings (AB
thru TSgt), and a HQ ARPC/DPBB email.
The applicant’s complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Air Force Reserves in
the grade of Airman, (E-2). His date of rank (DOR) and
effective date of promotion is 1 December 2011.
On 23 December 2010, the applicant received an Article 15 for
violation of Article 92, Dereliction of Duty. His punishment
consisted of; reduction in grade to the rank of Airman Basic,
(E-1) with new date of rank of 23 December 2010, forfeiture of
$400.00 pay per month for 2 months, suspended through
22 June 2011 after which time it would be remitted without
further action, unless sooner vacated, restriction to the limits
of the local Air Base for 20 days, 20 days extra duty, suspended
through 22 June 2011, after which time it would be remitted
without further action, unless sooner vacated and a reprimand.
________________________________________________________________
AIR FORCE EVALUATION:
AFRC/A1K recommends approval. A1K states correct the
applicant’s promotion history to reflect the date of rank and
promotion eligibility date (PED) of 23 June 2011 to the grade of
Airman, E-2 and correct the applicant’s grade history in the
Military Personnel Data System (MilPDS) to reflect the requested
DOR and PED. Upon completing the Article 15 punishment action,
the applicant became eligible for promotion the following day to
the rank of Airman, (E-2). Subsequently, upon completion of six
months Time in Grade (TIG) as an E-1 along with the approval by
the promotion authority, the applicant would have been eligible
for promotion to the grade of E-2, on 23 June 2011. Based on
documentation, (AF Form 3070A), provided, the request to adjust
the applicant’s promotion eligibility date (PED) and Date of
Rank (DOR) meets the basic requirements for correction of his
promotion history to 23 June 2011 versus 1 July 2011, his
requested date.
The complete AFRC/A1K evaluation is at Exhibit B
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 11 May 2012, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days
(Exhibit C). To 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 timely filed.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of error or injustice warranting a
measure of relief. In this respect, AFRC/A1K indicates that in
accordance with Reserve policy, the applicant became eligible
for promotion to the rank of Airman, (E-2) on 23 June 2011.
Consequently, based on Reserve policy and on documentation, (AF
Form 3070A), provided, the request to adjust the applicant’s
2
promotion eligibility date (PED) and Date of Rank (DOR) meets
the basic requirements for correction of his promotion history
to 23 June 2011. Therefore, the applicant’s record should be
corrected as indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to show that:
a. He was promoted to the grade of airman (E-2), with an
effective date of rank (DOR) and promotion effective date (PED)
of 23 June 2011.
b. If AFRC discovers any adverse factors that are separate
and apart, and unrelated to the issues involved in this
application, that would have rendered the applicant ineligible
for promotion, such information will be documented and presented
to the Board for the final determination on the individual’s
qualifications for promotions.
________________________________________________________________
The following members of the Board considered this application
BC-2012-00566 in Executive Session on 16 October 2012, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 February 2012, w/atchs.
Exhibit B. Letter, AFRC/A1K, dated 12 April 2012.
Exhibit C. Letter, SAF/MRBR, dated 11 May 2012.
Panel Chair
Panel Chair
Member
Member
3
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