RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01271
		INDEX CODE:  131.00

	XXXXXXX XXX	COUNSEL:  NONE

		HEARING DESIRED: NO

MANDATORY CASE COMPLETION DATE:  27 OCT 08

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APPLICANT REQUESTS THAT:

His record be corrected to reflect the rank of sergeant.

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APPLICANT CONTENDS THAT:

His DD Form 214 reflects his rank at the time of separation as airman (E-2); however, there were some mistakes on his DD Form 214.  He completed the 5-skill level training and was promoted to E-4 (sergeant) shortly before he left Germany, just prior to his discharge.  He was advised that he could wait a week for the paperwork to be corrected; or he could proceed on home; he chose to go on home.  

Applicant’s complete submission is at Exhibit A. 

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STATEMENT OF FACTS:

Applicant entered active duty on 1 Oct 66.  He was progressively promoted to airman third class (A3C) on 18 Nov 66 and to airman second class on 1 May 67 (which was redesignated to airman first class (A1C 19 Oct 67).  

On 11 Jul 69, applicant received an Article 15 as a result of previous indulgence in intoxicating liquor and for being incapacitated for the proper performance of his duties, on or about 4 Jul 69.  Applicant acknowledged receipt of the notification and waived his rights to submit statements in his own behalf.  His punishment consisted of reduction in grade to airman and 30 days extra duty and restriction to the base for 30 days.  The portion of the punishment providing for the reduction in grade was suspended until 15 Jan 70, unless sooner vacated.  Applicant received an Article 15 vacation of suspended reduction to airman on 18 Nov 69, with a new date of rank to airman of 18 Nov 69.  On 1 Feb 70, applicant was promoted to the grade of airman first class (E-3).  

On 6 Jun 70, applicant was honorably released from active duty under the provisions of AFM 39-10 and issued an reenlistment eligibility (RE) code of 2.  He was credited with 3 years, 8 months, and 6 days of active duty service, including 2 years, 10 months, and 2 days of foreign service.  

On 8 May 07, applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, was administratively corrected on DD Form 215, Correction of DD Form 214, Certificate of Release or Discharge from Active Duty to reflect in Item 5A “A1C;” in Item 5B “E-3,” and Item 6 as “6 Jun 70.”  

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AIR FORCE EVALUATION:

HQ AFPC/DPPPWB reviewed this application and recommended denial.  Applicant’s record reflects he received an Article 15 vacation of suspended reduction to airman on 18 Nov 69.  Based on this, his date of rank (DOR) to airman should have been 15 Jul 69 (date original Article 15 was imposed) with an effective date of 18 Nov 69 (date of vacation of suspended reduction).  

Based on Special Order applicant was promoted to the grade of E-3 (A1C) effective 1 Feb 70.  They found no official documents promoting applicant to the grade of E-4 and he would not have had sufficient time-in-grade (TIG) (8 months) to qualify for promotion to E-4 before his discharge on 6 Jun 70.

HQ AFPC/DPPPWB’s complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant was distraught over the evaluation.  He contends that there was sloppy work by the administration personnel who completed his DD Form 214.  This was evident by the failure to complete blocks 5a, b, and 6 on his original DD Form 214.  He wore 3-stripes for a short period prior to his departure from his duty station.  He was told to show up for work by the commanding officer, chief master sergeant, as well as his supervisor.  Sewing the 3-stripes on was the social event of the year.  

Applicant’s complete response is at Exhibit E.

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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, no evidence was found promoting the applicant to the grade of E-4 and based on his promotion to A1C (1 Feb 70) he did not have sufficient time-in-grade to qualify for promotion to E-4 prior to his discharge.  Therefore, 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-2007-01271 in Executive Session on 18 July 2007, under the provisions of AFI 36-2603:

	XXXXXXXXXX, Chair
	XXXXXXXXXX, Member
	XXXXXXXXXX, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Apr 07. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPWB, dated 7 May 07.
    Exhibit D.  Letter, SAF/MRBR, dated 24 May 07.
    Exhibit E.  Letter, Applicant, dated 31 May 07.

                                   XXXXXXXXXX
                                   Chair