RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02880
DANNY L. WAGNER COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active Duty, be changed to reflect his grade as Staff Sergeant (SSgt/E-4).
APPLICANT CONTENDS THAT:
The officer who signed his DD Form 214 put the incorrect rank down because he had it out for him.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Air National Guard (ANG) on 21 Sep 66.
On 8 Mar 67, the applicant was released from active duty at the completion of training, and was furnished an Honorable discharge reflecting his grade of Airman Third Class (E-2).
On 28 Mar 69, the applicant was released from active duty at the completion of training, and was furnished an Honorable discharge in the grade of Sergeant (E-4).
On 12 Sep 71, the applicant was discharged from the ANG and transferred to the Air Force Reserve in the grade of SSgt, effective 13 Sep 71.
On 12 Sep 72, the applicant was furnished an Honorable discharge from the Reserve in the grade of SSgt.
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. While the applicant was servicing in the ANG, he was ordered to active duty on two occasions for training. His NGB Form 22, dated 12 Sep 71, and the two Honorable discharge certificates he submitted properly reflect his grade of SSgt because that was the grade he achieved in the ANG and Reserve. However, he was not promoted to SSgt while serving in the Regular Air Force. On the two occasions the applicant was released from active duty after training, his DD Forms 214 reflected his proper grades at the time of A1C on 8 Mar 67 and Sgt on 28 May 69. Therefore, his DD Forms 214 are correct.
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 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 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 applicants complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of AFPC/DPSOE 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-2014-02880 in Executive Session on 16 Apr 15 under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Jul 14 w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOE, dated 19 Aug 14.
Exhibit D. Letter, SAF/MRBR, dated 27 Oct 14.
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