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AF | BCMR | CY2013 | BC-2012-01975
Original file (BC-2012-01975.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 

 
 

 
 

 
 

 
 

DOCKET NUMBER:  BC-2012-01975 
COUNSEL:  NONE 

IN THE MATTER OF:   
 
 
 
     
HEARING DESIRED:  NO 
 
_________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
His highest rank of master sergeant (MSgt/E-7) be reinstated.   
 
_________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
He is the subject of an injustice as he served satisfactorily in 
the grade of MSgt from 1992 thru 1995, until he had a reduction 
in grade in November 1995.  He was told that he would receive his 
grade of MSgt after being separated for ten years.   
 
The  applicant’s  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
_________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The applicant is a former member of the Regular Air Force who was 
progressively promoted to the grade of MSgt.  On 16 October 1995, 
the  applicant  was  offered  nonjudicial  punishment  for  committing 
indecent acts upon a female under the age of 16 years of age, not 
his  wife,  by  fondling  her  breasts,  buttocks,  and  genital  area 
with his hands, with intent to gratify his sexual desires.  After 
consulting counsel, the applicant waived his right to a trial by 
court-martial, accepted the Article 15 punishment, and submitted 
an  appeal  to  his  commander.    After  considering  the  applicant’s 
submission,  the  commander  found  the  applicant  committed  the 
alleged offenses.  As a result, the applicant received punishment 
consisting of reduction in grade to technical sergeant (TSgt/E-
6), with a new date of rank of 16 October 1995.   
 
On 16 October 1995, the commander notified the applicant of his 
intent  to  file  the  applicant’s  Article  15  in  his  Senior  Non-
Commissioned  Officer  (SNCO)  Selection  Record.    On  6  November 
1995,  the  senior  review  authority  approved  the  commander’s 
decision and directed the applicant’s Article 15 be filed in his 
SNCO Selection Record.   
 
The  applicant  applied  for  retirement  and  a  highest  grade  held 
determination  was  completed  by  the  Secretary  of  the  Air  Force 
Personnel  Council.    A  Secretary  of  the  Air  Force  memorandum, 
dated  7  February  1996,  indicates  the  applicant  “did  not  serve 

of 

the 

substantive 

requirements 

satisfactorily in any higher grade and will not advance under the 
provisions of Section 8964, Title 10, United States Code.”  
 
The applicant retired effective 1 May 1996, in the grade of TSgt.   
 
_________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
AFPC/DPSOR recommends denial.  DPSOR states the applicant did not 
submit  any  evidence  or  identify  an  error  or  injustice  in  the 
grade  determination  process.    Absent  evidence  to  the  contrary, 
there is a presumption of regularity in which the applicant was 
afforded due process and, that the discharge was consistent with 
procedural 
grade 
and 
determination.   
 
The complete DPSOR 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 2 July 2012, for review and comment within 30 days (Exhibit 
D).  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;  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. 
 
_________________________________________________________________ 
 

 

2

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  AFBCMR  Docket 
Number  BC-2012-01975  in  Executive  Session  on  15  February  2013, 
under the provisions of AFI 36-2603: 
 

 
The  following  documentary  evidence  was  considered  in  connection 
with AFBCMR Docket Number BC-2012-01975: 
 

Exhibit A.  DD Form 149, dated 24 Apr 12, w/atchs. 
Exhibit B.  Applicant's Master Personnel Records. 
Exhibit C.  Letter, AFPC/DPSOR, dated 21 Jun 12. 
Exhibit D.  Letter, SAF/MRBR, dated 2 Jul 12.  

 
 
 

 
 
 

 
 
 

 
 
 

 
 
 

, Panel Chair 
, Member 
, Member 

 
 
 
 
 
 

 

  
  

 
 

 
 

 
 

 
 

 
 

 
Panel Chair 

3



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