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Decision Text

AF | BCMR | CY2014 | BC 2014 02744
Original file (BC 2014 02744.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-02744

			COUNSEL:  NONE

			HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

a.  His rank be changed to reflect Technical Sergeant (E-6).

b.  His Reentry (RE) code be changed to allow for reenlistment. 


APPLICANT CONTENDS THAT:

He is 25 days short of retirement eligibility and is pursuing 
reenlistment.  He is seeking to correct all official paperwork 
so that he may retire.  

In support of his request, the applicant provides a copy of 
Reserve Order A-089, Discharge Order, dated 26 Nov 06.  

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 27 Jun 
80.

On 1 Jun 92, the applicant was transferred to the Air Force 
Reserves and furnished an Honorable discharge.  He was credited 
with 11 years, 11 months, and 1 day of active service.    

On 17 Oct 05, the applicant was involuntarily demoted from 
Technical Sergeant to Staff Sergeant with a new date of rank of 
28 Sep 05.

On 26 Nov 06, the applicant was Honorably discharged in 
accordance with AFR 35-41, Separation Procedures for the United 
States Air Force Reserves, Volume 3.  On the applicant’s 
discharge order his reenlistment eligibility status was listed 
as:  Air Force Reserve Selected – Declined.     

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:

AFRC/A1K recommends denial indicating there is no evidence of an 
error or an injustice.  

After reviewing all documents provided by the applicant, 
Military Personnel Data System (MilPDS) and Automated Records 
Management System (ARMS), they confirmed the applicant was in 
fact involuntarily demoted on 28 Sep 05.  There is no 
documentation provided by the member or found in MilPDS or ARMS 
that supports the applicant exercised any appeal rights for the 
demotion or that he was denied reenlistment, i.e., non-selected 
for reenlistment and subsequently not allowed to reenlist.  In 
fact, the applicant’s discharge order reflects that he declined 
to reenlist.  

A complete copy of the AFRC/A1K 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 17 Nov 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 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 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 
(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-2014-02744 in Executive Session on 5 May 15 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining AFBCMR Docket 
Number BC-2014-02744 was considered:

	Exhibit A.  DD Form 149, dated 25 Jun 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFRC/A1K, dated 10 Sep 14.
	Exhibit D.  Letter, SAF/MRBR, dated 17 Nov 14.

						

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