RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01333
		INDEX CODE:  110.00, 107.00

		COUNSEL:  DAV

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His rank, as displayed on his DD Form 214, be changed from Airman (AMN/E-2) to Airman First Class (A1C/E-3).

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APPLICANT CONTENDS THAT:

He was a member of the XXth Security Police Squadron (SPS) and guarded Air Force One while former President XXXXX was in office.  He claims that his supervisor told him at the time that he, as a member of the XXth SPS, had the right to wear the Presidential Unit Citation and Unit Citation.

In support of his appeal, the applicant has provided a personal statement, a copy of his DD Form 214 and a letter of support from the Disabled American Veterans (DAV) National Service Office.

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

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STATEMENT OF FACTS:

The applicant contracted his enlistment in the Regular Air Force on 15 May 1974.  He was promoted to the grade of A1C effective and with a date of rank of 15 May 1975.  On 13 August 1975, applicant received an Article 15 for failure to report for duty.  The punishment consisted of a reduction in grade to Amn suspended, until 12 November 1975 unless sooner vacated, and forfeiture of $50.  He was enrolled in an alcohol rehabilitation program on 13 August 1975.  On 18 August 1975, applicant underwent a psychological examination that found no psychiatric disorder but a loss of control over alcohol.  Applicant received an additional Article 15 on 24 November 1975 for being absent without leave (AWOL).  Punishment imposed was reduction in grade to Amn.  On 21 January 1976,the applicant was notified by his commander that he was being recommended for discharge in accordance with Air Force Manual (AFM) 39-10 and that probation and rehabilitation were considered but not recommended.  The applicant acknowledged receipt of the notification on 21 January 1976 and declined legal counsel based on the discharge being under honorable conditions.  He was honorably discharged on 4 February 1976, in the grade of Amn, after serving one year, eight months and twenty days.

Applicant withdrew his request for the award of the Presidential Unit Citation upon notification from AFPC/DPPPRA that he was not eligible to receive it.  DPPPRA’s letter and response from the applicant are at Exhibits C and D, respectively.

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AIR FORCE EVALUATION:

DPPPWB reviewed this application regarding the request for a change of his grade on his DD Form 214 from Amn to A1C and recommended denial.  DPPPWB states that the applicant received two Article 15’s that eventually reduced him in grade to Amn.  They note that the applicant appealed his reduction in grade and that the appeal was denied on 19 December 1975.  Therefore, since the applicant has not contested the procedural correctness of the Article 15’s or the punishment they imposed, or that they be set aside, that his appeal be denied.

DPPPWB’s complete evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant claims that his DD 214 displays E-2 which, he believes, is an A1C and that E-1 is Amn.  He asks for an explanation of this apparent diecrepancy.  Applicant contends that he never received any Article 15’s.  He contends that he received two Letters of Reprimand (LOR’s), not two Article 15’s.  He states that his major told him that he had to receive three LOR’s in order to qualify for an Article 15.  He would like to know how two LOR’s turned into Article 15’s.
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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 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 error or injustice.  After a thorough review of the evidence of record and applicant's submission, we are not persuaded that his grade should be changed.  We agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of having suffered either an error or injustice.  Hence, in the absence of persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered AFBCMR Docket Number BC-2003-01333 in Executive Session on 2 September 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Mar 04, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPRA, dated 27 May 03, w/atch.
    Exhibit D.  Letter, AFPC/DPPPRA, dated 17 Jun 03, w/atch.
    Exhibit E.  Letter, AFPC/DPPPRA, dated 24 Jun 03.
    Exhibit F.  Letter, SAF/MRBR, dated 25 Jul 03.
    Exhibit G.  Letter, Applicant, dated 18 Aug 03.