RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05129
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active
Duty, be changed to reflect his rank as technical sergeant (E-6),
instead of staff sergeant (E-5).
APPLICANT CONTENDS THAT:
His unit/organization failed to process his amended retirement
order prior to his retirement.
In support of his request, the applicant provides a copy of his DD
Form 214, amended and original retirement orders.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 26 Oct 79, the applicant enlisted in the Puerto Rico Air
National Guard (PRANG).
On 9 Aug 89, the applicant was honorably discharged from the PRANG
and transferred to the Air Force Reserve, effective 10 Aug 89.
On 24 Aug 06, the applicant was demoted from the grade of
technical sergeant (E-6) to staff sergeant (E-5), with a date of
rank of 18 May 89, effective 15 Aug 06.
On 8 Jun 12, the applicant was released from active duty upon
completion of required active service in the grade of staff
sergeant (E-5).
On 24 Apr 13, the Secretary of the Air Force (SECAF) directed the
applicant be permanently disability retired from active service
with a physical disability rating of 60 percent.
On 28 May 13, the applicant was relieved from active duty and
permanently disability retired in the grade of technical sergeant
(E-6) with a physical disability rating of 60 percent, effective
29 May 13.
AIR FORCE EVALUATION:
ARPC/DPTS recommends denial indicating there was no evidence of an
error or injustice. The applicant was a staff sergeant (E-5) at
the time of his last active duty period of service from 10 Jul
06 to 8 Jun 12. On 15 Aug 06, he was administratively demoted to
the grade of E-5 and was not on active duty upon his placement on
the Permanent Disability for Retirement Listing (PDRL). On 29 May
13, he effectively retired with the highest grade held as an E-6.
A complete copy of the DPTS 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 10 Jan 14 for review and comment within 30 days. As of this
date, no response has been received by this office (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 an error or injustice. We took
notice of the applicants 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 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 the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2013-05129 in Executive Session on 28 Aug 14, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Oct 13, w/atchs.
Exhibit B. Applicant's Available Master Personnel Records
Exhibit C. Letter, ARPC/DPTS, dated 20 Dec 13, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 10 Jan 14.
3
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