RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  02-02437
INDEX CODE:  131.05
	XXXXXXXXXXXXXXXXXXX			COUNSEL: NONE

	XXXXXXXXXXXX					HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT: 

Her date of rank (DOR) to Staff Sergeant (SSgt) (E-5) be changed to 1 December 1999 and her DOR to Senior Airman (SrA) (E-4) be changed to 5 October 1995. 

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APPLICANT CONTENDS THAT:

She was demoted from Senior Airman (SrA) to Airman First Class (A1C) after receiving an Article 15 on 2 February 1998.  On 22 May 1998, she received and signed a mitigation action to her Article 15, which promoted her immediately back to SrA. Her original SrA date of rank of 5 October 1995 was never updated in her records.  As a result of this error, she lost 8 months of SSgt and 6 months of SrA time-in-grade (TIG).

In support of her application, she provides a copy of her Record of Non-Judicial Punishment Proceedings (Article 15) dated 2 February 1998, and a copy of her Record of Supplementary Action Under Article 15, UCMJ (Mitigation) dated 22 May 1998. The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 5 October 1992, the applicant enlisted in the Regular Air Force (RegAF) at the age of 22 in the grade of Airman Basic for a period of four years.  Prior to the events under review, she was promoted to the rank of senior airman (SrA) effective and with a date of rank of 5 October 1995.  She has since been promoted to the grade of staff sergeant (SSgt), effective and with a date of rank of 1 August 2000.

On 26 January 1998, the applicant received an Article 15 for driving while under the influence of alcohol.  Her punishment consisted of reduction in grade to airman first class (A1C) with a new DOR of 26 January 1998.  In addition, she was reprimanded.  On 22 May 1998, the Article 15 punishment was mitigated to a suspended reduction to A1C until 25 July 1998.

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AIR FORCE EVALUATION:

AFPC/DPPPWB concluded that applicant’s DOR to SrA should be corrected to reflect 5 October 1995 vice 22 May 1998.  Her effective date should remain 22 May 1998.  There is no basis to adjust the DOR for SSgt to 1 December 1999.  The AFPC/DPPAE evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 23 August 2002 for review and response (Exhibit D).  As of this date, this office has received no response.

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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 probable error or injustice warranting a change in the applicant’s DOR to SrA.  Based on the evidence provided, it appears that an error occurred at the time the applicant’s commander determined that the Article 15 punishment imposed on her consisting of a reduction in grade should be mitigated to a suspended reduction in grade in that her date of rank as a SrA at the time of the reduction was not restored as required by the governing Air Force instruction.  Therefore, the applicant’s DOR as an SrA should be changed to 5 October 1995.  It appears that the change to the applicant’s DOR as a SrA would have no bearing on her eligibility for promotion to SSgt since, according to information contained in the advisory opinion, she was ineligible for consideration during the 98E5 cycle because of the Article 15 punishment.  Accordingly, in the absence of any evidence showing the contrary, her request to change her SSgt DOR to 1 December 1999 is not favorably considered.

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THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that, on 22 May 1998, based on the suspension of her reduction in grade, she assumed the grade of senior airman (E-4), effective 22 May 1998 and with a date of rank (DOR) of 5 October 1995.

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The following members of the Board considered this application in Executive Session on 6 February 2002, under the provisions of AFI 36‑2603:

The following documentary evidence for AFBCMR Docket Number 02‑02437 was considered:

     Exhibit A.  DD Form 149, dated 14 June 2002, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPWB, dated 16 August 2002.
     Exhibit D.  Letter, SAF/MRBR, dated 23 August 2002.

                                  

AFBCMR 02-02437

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to XXXXXXXXXXXXXXXXXXXXXX, be corrected to show that on 22 May 1998, based on the suspension of her reduction in grade, she assumed the grade of senior airman (E-4), effective 22 May 1998 and with a date of rank (DOR) of 5 October 1995.