RECORD OF PROCEEDINGS 
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2003-03291
		INDEX NUMBER: 110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Her deceased husband’s DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to show that his grade at the time of discharge was technical sergeant (E-6). 

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THE APPLICANT CONTENDS THAT:

Since the Dependency and Indemnity Compensation (DIC) awarded by the Veterans Administration was based on the highest rank held by her husband, his DD Form 214 should be corrected. 

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

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STATEMENT OF FACTS:

The decedent contracted his initial enlistment in the Regular Air Force on 14 May 70.  He was progressively promoted to the grade of staff sergeant (E-5) having assumed that grade effective and with a date of rank of 1 Mar 77.  On 7 Apr 80, he received nonjudicial punishment under Article 15 of the Uniform Code of Military Justice for failing to go to his appointed place of duty and being drunk on station.  He was reduced to the grade of sergeant.  On 18 Aug 80, his NCO status was vacated.  On 5 May 80, he was notified by his commander that he was recommending that he be discharged from the Air Force in accordance with AFM 39-12.  The specific reason for this action was he was diagnosed as having a character and behavior disorder.  The discharge authority concurred with the recommendation and directed that he be discharged without probation and rehabilitation.  He was discharged from the Air Force in the grade of senior airman on 23 Sep 80 and issued a general discharge.  He served 10 years, 4 months, and 10 days on active duty.  

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied and states, in part, that upon reviewing the deceased member’s records it was determined that he never served on active duty in a grade higher than staff sergeant.  No errors or injustices occurred in the separation processing; therefore, no correction to the DD Form 214 is required.

The AFPC/DPPRS 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 Jan 04 for review and comment 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.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, 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 AFBCMR Docket Number BC-2003-03291 in Executive Session on 16 Mar 04, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Apr 97, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 20 Jan 04.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Jan 04.