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AF | BCMR | CY2014 | BC 2014 04443
Original file (BC 2014 04443.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			        DOCKET NUMBER: BC-2014-04443

 						COUNSEL:  NONE

						HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active 
Duty, be amended to reflect his grade as Staff Sergeant (SSgt, 
E-5) instead of Senior Airman (SrA, E-4).  


APPLICANT CONTENDS THAT:

He was pending dual action consideration prior to being retired.  

When he completed his DD Form 214 worksheet he was serving in 
the grade of SrA.  However, it was adjusted to the grade of SSgt 
for retirement. 

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


STATEMENT OF FACTS:

On 12 November 2002, the applicant entered the Regular Air 
Force.

His DD Form 214 reflects he served on active duty through 
28 August 2012 in the grade of SrA.  

Per Special Order ACD-02213 dated 3 May 2012, the applicant 
retired effective 29 August 2012 in the grade of SSgt (highest 
grade held on active duty) with a compensable physical 
disability rating of 40 percent. 


AIR FORCE EVALUATION:

AFPC/DPFD recommends denial of the request.  The preponderance 
of the evidence reflects no error or injustice occurred during 
the disability process.  

The applicant was demoted to the grade of SrA in November 2009.  
On 3 February 2012, his disability and administrative separation 
files were forwarded to the Secretary of the Air Force Personnel 
Council (SAFPC) for finalization and grade determination.  On 
30 March 2012, SAFPC found the applicant unfit for continued 
service for reasons of physical disability and directed he be 
permanently retired with a compensable disability rating of 
40 percent.  In their memorandum, SAFPC stated they had not 
received adequate information to make a grade determination in 
conjunction with the medical retirement and requested an 
appropriate package be provided.  On 12 April 2012, SAFPC 
determined the applicant had served satisfactorily in the higher 
grade of SSgt entitling him to disability retirement pay in the 
higher grade of SSgt within the meaning of 10 U.S.C. § 1212.  
Special Order ACD-02212 dated 3 May 2012 was subsequently issued 
stating the applicant’s rank at the time of release from active 
duty as SrA but retiring him in the grade of SSgt.  The order 
[sic] is correct in that it states the rank the applicant was 
wearing at the time of retirement.  

A complete copy of the DPFD evaluation is at Exhibit C.

SAF/MRBP recommends disapproval of the applicant’s request to 
change his retirement order [sic] to reflect the grade of SSgt.  
The order [sic] is correct as the rank the member was wearing at 
the time of retirement was that of SrA.  

A complete copy of the SAF/MRBP evaluation is at Exhibit D.  


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He is not requesting to change the rank on his retirement orders 
but to correct his DD Form 214, Block 4a. Grade, Rate or Rank, 
to reflect SSgt. 

The applicant’s complete response is at Exhibit F. 


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 note the 
applicant requests his DD Form 214 be amended to reflect the 
grade of SSgt; however, we find no evidence of an error or 
injustice.  Although SAFPC determined the applicant had served 
satisfactorily in the higher grade of SSgt entitling him to 
disability retirement pay in the higher grade of SSgt, at the 
time of release from active duty he was serving in the grade of 
SrA.  As such, his DD Form 214 reflects the correct grade of 
SrA.  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-2014-04443 in Executive Session on 10 June 2015 under 
the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 28 October 2014, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFD, dated 16 December 2014.
	Exhibit D.  Memorandum, SAF/MRBP, undated.  
	Exhibit E.  Letter, SAF/MRBR, dated 3 March 2015.
	Exhibit F.  Letter, Applicant, dated 23 March 2015.  

	 

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