RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2003-01423
							INDEX CODE:  107.00

    							COUNSEL:  NONE

    							HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

1.  His pay grade of E-3 be restored to E-4.

2.  His record be corrected to include the Good Conduct Medal and the Air Force Commendation Medal.

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APPLICANT CONTENDS THAT:

While hospitalized at Wilford Hall Medical Center, he received an Article 15 for financial irresponsibility and was reduced by one pay grade.  He retained civilian legal services, circa 10 Oct 86, to accomplish a Chapter 7 Bankruptcy.  It is incomprehensible why he would suffer the consequences of a liquidation bankruptcy and additionally be penalized one pay grade.  He had already lost all his personal possessions; why further exacerbate the injury.  The Article 15 was charged two months after retaining legal services and in no way affected his performance.

Applicant did not submit any documents in support of the appeal.  Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 5 January 1983.  Prior to the events under review, he was progressively promoted to the grade of senior airman.  During his service, he received four Airman Performance Reports (APRs) in which the overall evaluations were “8,” “8,” “6,” and “9.”

On 13 May 1985, the applicant received an Article 15 for driving under the influence of alcohol on or about 6 May 1985 in Italy.  Punishment consisted of reduction to the grade of airman and forfeiture of $75 per month for two months but the execution of the portion of this punishment that provided for reduction to airman was suspended until 10 November 1985.  On 18 November 1986, he received another Article 15 for dereliction of duty at Lackland AFB on or about 10, 11 and 12 November 1986 by willfully failing to prepare run cards and put the buildings and their street locations on the cards.  The punishment consisted of a reduction in grade from senior airman to airman first class.

On 8 January 1987, the applicant was honorably discharged in the grade of airman first class (E-3) due to expiration of his term of service.  He had served four years and four days of active duty service.  A reenlistment eligibility (RE) code of 2H (Entered into Alcohol Rehabilitation Program and has not completed or has failed to complete the program) was assigned.  His separation document shows he had been awarded the Air Force Training Ribbon, the Air Force Overseas Long Tour Ribbon, the Air Force Outstanding Unit Award, the Small Arms Expert Ribbon, and the Air Force Longevity Service Award Ribbon.

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AIR FORCE EVALUATION:

AFLSA/JAJM states that the commander was authorized to reduce the applicant’s rank one grade and pay.  The commander’s imposition of a one-grade reduction was a permissible punishment and was warranted in light of the applicant’s disciplinary record.  Therefore, they recommend denial of applicant’s request.  A complete copy of the evaluation is attached at Exhibit C.

AFPC/DPPPWB states that they defer to the recommendation of AFLSA/JAJM.  A complete copy of their evaluation is attached at Exhibit D.

AFPC/DPPPR states that the applicant is not eligible for award of the Air Force Good Conduct (AFGC) Medal.  He entered the military on 5 January 1983, and did not complete three years of exemplary behavior and service because of his first Article 15, which was administered in 1985.  His second Article 15 occurred in 1986, and he separated in 1987.  There is no indication in the applicant’s records that he was recommended for, or awarded the Air Force Commendation Medal (AFCM).  His first assignment after training was at Aviano AB in Italy.  Since he received his first Article 15 during this assignment, he would not be eligible for a decoration upon completion of his overseas tour.  After returning to the U.S., he received another Article 15 at Lackland AFB, TX, rendering him ineligible for award of a decoration for his last assignment in the Air Force.  They are unable to verify the applicant’s eligibility for any additional individual or unit awards or decorations.  Therefore, they recommend disapproval of the applicant’s request.  A complete copy of their evaluation is attached at Exhibit E.

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REVIEW OF AIR FORCE EVALUATION:

On 19 September 2003, copies of the Air Force evaluations were forwarded to the applicant for review and response within 30 days.  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 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 reviewing the evidence of record, we are not persuaded that the applicant’s records are in error or that he has been the victim of an injustice.  His contentions are noted; however, in our opinion, the detailed comments provided by the appropriate Air Force offices adequately address those allegations.  Therefore, we agree with opinions and recommendations of the Air Force and adopt their rationale as the basis for the conclusion that the applicant has not been the victim of an error or injustice.  In the absence of 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 this application, BC-2003-01423, in Executive Session on 30 October 2003, under the provisions of AFI 36-2603:

				Panel Chair
				Member
				Member

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 18 Apr 03.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFLSA/JAJM, dated 3 Jun 03.
	Exhibit D.	Letter, AFPC/DPPPWB, dated 1 Jul 03.
	Exhibit E.	Letter, AFPC/DPPPR, dated 15 Sep 03, w/atch.
	Exhibit F.	Letter, SAF/MRBR, dated 19 Se[ 03.

					
					Panel Chair