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Decision Text

AF | BCMR | CY2014 | BC 2014 01904
Original file (BC 2014 01904.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-01904
		
		COUNSEL:  NONE

		HEARING DESIRED:  NO



APPLICANT REQUESTS THAT:

His official military record be amended to reflect:

1.  The Air Force Good Conduct Medal (AFCGM) be awarded and any 
documentation of denial of the AFCGM be removed.

2.  His demotion order, dated 14 Feb 11, be removed.  
(Administratively resolved).


APPLICANT CONTENDS THAT:

His AFGCM should be restored because the Driving Under the 
Influence (DUI) charge, which was the basis for his Unfavorable 
Information File (UIF), demotion, and denial of the AFGCM, was 
dismissed by the civilian court.  While his grade has been 
restored, the denial of the AFGCM was recommended before his 
case was dismissed by the civilian court.  He wants this 
negative information out of his record before a quality force 
review board uses it as a basis for his separation.

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

On 11 Jun 06, the applicant initially entered the Regular Air 
Force.

On/About 7 Dec 10, the applicant was arrested and charged with 
DUI.

On 14 Feb 11, based on the DUI arrest, the applicant was 
administratively demoted from the grade of Staff Sergeant (E-5) 
to the grade of Senior Airman (E-4), under provisions of AFI 36–
2502, Airman Promotion/Demotion Programs.


On 16 June 11, according to information provided by the 
applicant, the applicant’s civilian trial was held.  The 
applicant pled guilty to a false reporting charge and the DUI 
charge was dismissed.

On 22 Sep 11, the applicant’s commander recommended denial of 
the AFGM for failing to maintain Air Force standards.

On 18 Dec 11, after completing his own investigation, the 
applicant’s commander recommended the applicant’s grade be 
restored.  The approval authority restored his grade to Staff 
Sergeant (E–5) on 19 Dec 11.

The remaining relevant facts pertaining to this application are 
described in the memorandum prepared by the Air Force office of 
primary responsibility (OPR), which is included at Exhibit C.


AIR FORCE EVALUATION:

AFPC/DPSIDR recommends granting the applicant’s request to award 
the AFGCM, indicating there is evidence of an error or 
injustice.  With the charge of DUI dismissed, and the 
applicant’s rank was subsequently restored, it appears the basis 
for denial of the AFGCM no longer exists.  Further, according to 
a 16 May 14 Air Force Personnel Center memorandum, 
administrative relief was granted to remove the demotion order 
from the applicant’s military personnel records.

A complete copy of the AFPC/DPSIDR 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 27 Oct 14 for review and comment within 30 days 
(Exhibit D).  As of this date, no response has been received by 
this office.


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 an error or injustice.  We took 
notice of the applicant's complete submission in judging the 
merits of the case and agree with the opinion and recommendation 
of the Air Force office of primary responsibility (OPR) and 
adopt its rationale as the basis for our conclusion the 
applicant has been the victim of an error or injustice.  
Therefore, we recommend the applicant's records be corrected as 
indicated below


THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to the APPLICANT be corrected to show that he was 
awarded the Air Force Good Conduct Medal for the period of 
17 Sep 08 through 16 Sep 11.


The following members of the Board considered AFBCMR Docket 
Number BC-2014-01904 in Executive Session on 28 Jan 15 under the 
provisions of AFI 36-2603:



All members voted to correct the records as recommended.  The 
following documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-01904 was considered:

	Exhibit A.  DD Form 149, dated 29 Apr 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIDR, dated 22 Aug 14.
	Exhibit D.  Letter, SAF/MRBR, dated 27 Oct 14.

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