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 applicants 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 applicants civilian trial was held. The
applicant pled guilty to a false reporting charge and the DUI
charge was dismissed.
On 22 Sep 11, the applicants commander recommended denial of
the AFGM for failing to maintain Air Force standards.
On 18 Dec 11, after completing his own investigation, the
applicants commander recommended the applicants grade be
restored. The approval authority restored his grade to Staff
Sergeant (E5) 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 applicants request to award
the AFGCM, indicating there is evidence of an error or
injustice. With the charge of DUI dismissed, and the
applicants 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 applicants 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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