RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-03978
INDEX CODE:  131.00
								COUNSEL: NONE

								HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT: 

The rank reflected on his DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect senior airman (SrA) (E-4) versus airman first class (A1C) (E-3).  In addition, his DD Form 214 be corrected to reflect his award of the Small Arms Expert Marksmanship Ribbon (SAEMR).  
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APPLICANT CONTENDS THAT:

He was told his rank could be corrected.  

In support of his appeal, the applicant provides copies of his DD Form 214; AF Form 522, USAF Ground Weapons Training Data; and a congratulatory promotion certificate from his commander.  

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

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STATEMENT OF FACTS:

On 6 May 1991, the applicant enlisted in the Regular Air Force at the age of 20 for a period of four years in the rank of airman basic (E-1).  He was progressively promoted to the grade of SrA effective and with a date of rank of 6 May 1994.  

On 7 October 1994, the applicant received Article 15 punishment for being drunk and disorderly.  His punishment consisted of reduction in grade to A1C with a new date of rank of 7 October 1994.  

The applicant was honorably discharged on 5 May 1995 for completion of required service.  He served a total of four years on active duty.  

AFPC/DPSIDR notified the applicant on 23 January 2008 that they were able to verify his entitlement to the award of the SAEMR.  DPSIDR stated they will issue a DD Form 215, Correction to DD Form 214, to add the SAEMR to the applicant’s record following the Board’s action on his appeal.

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AIR FORCE EVALUATION:

AFPC/DPSOE recommends denial of the applicant’s request to correct his rank from A1C to SrA.  DPSOE states the applicant has not provided any evidence proving an error or injustice occurred.  His commander was acting within his authority when he imposed Article 15 punishment reducing the applicant to the grade of A1C.  

The DPSOE evaluation, with attachment, 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 10 January 2008 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 an error or an injustice.  We took notice of the applicant's complete submission in judging the merits of the case and note the administrative correction of his record to reflect award of the SAEMR; however, regarding his request to change his grade, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its 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 this application in Executive Session on 29 April 2008, under the provisions of AFI 36-2603:

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2007-03978:

    Exhibit A.  DD Forms 149, dated 28 Nov 07, w/atchs.
    Exhibit B.  Letter, AFPC/DPSIDR, dated 23 Jan 08, w/atch.
    Exhibit C.  Letter, AFPC/DPSOE, dated 10 Jan 08.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Feb 08.