RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02434
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His records be corrected to reflect he was serving in the grade of airman first class (E-3) at the time of his discharge from the Regular Air Force.
APPLICANT CONTENDS THAT:
It is unjust that he was discharged as an airman basic (E-1). After having served 1 year, 5 months, and 21 days of active service, he should have attained the grade of airman first class.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 10 Mar 09.
On 22 Dec 09, the applicant was rendered an Article 15 imposing non-judicial punishment (NJP) of a reduction to the grade of airman basic (E-1) with a new date of rank (DOR) of 22 Dec 09.
On 31 Aug 10, the applicant was furnished an honorable discharge, and was credited with 1 year, 5 months, and 21 days of active service.
On 29 Aug 13, the applicant enlisted in the Air Force Reserve (RE) in the grade of airman basic (E-1).
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSOE recommends denial indicating there is no evidence of an error or an injustice regarding the applicants discharge. A review of the applicants record revealed he was promoted to the grade of Airman (E-2) effective 10 Sep 09; however, on 22 Dec 09 he received an Article 15 reduction to E-1 with a new DOR of 22 Dec 09. In accordance with AFI 36-2502, Airman Promotion/ Demotion Programs, an E-1 is eligible for promotion at six months time-in-grade (TIG), eligible for promotion to E-3 at ten months TIG. Based on the applicants new DOR to the grade of airman basic of 22 Dec 09, he would have been eligible for promotion to E-2 effective 22 Jun 10. However, there is no evidence that he was recommended for promotion prior to his discharge on 31 Aug 10. In accordance with AFI 36-2502, the promotion authority must recommend the promotion in writing before the member assumes the grade. Due to the lack of documentation (promotion recommendation), his request should be denied.
A complete copy of the AFPC/DPSOE 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 25 Aug 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. 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.
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-2014-02434 in Executive Session on 21 Apr 15 under the provisions of AFI 36-2603:
The following documentary evidence pertaining AFBCMR Docket Number BC-2014-02434 was considered:
Exhibit A. DD Form 149, dated 22 May 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOE, dated 30 Jun 14.
Exhibit D. Letter, SAF/MRBR, dated 25 Aug 14.
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