RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05056 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. His records be corrected to show that he transferred his Post-9/11 GI Bill educational benefits to his dependents. (Administratively Corrected) 2. His retirement pay reflect his high three grade of Technical Sergeant (TSgt, E-6). ________________________________________________________________ APPLICANT CONTENDS THAT: He served satisfactorily in the grade of TSgt and in the grade of Staff Sergeant (SSgt, E-5) as demonstrated by his Enlisted Performance Reports (EPR). He should be retired in the grade of SSgt as a minimum. He acknowledges he was court-martialed for fraud but was retained and completed a 20 year career. He completed the requirement for a high-three retirement in the grade of TSgt and his retired grade and pay should reflect this. It is additional punishment to not allow him to retire in the appropriate grade. The applicant provides no rationale as to why his failure to timely file should be waived in the interest of justice. In support of his requests, the applicant provides a letter from his commander recommending retention, copies of his DD Form 214, Certificate of Release or Discharge from Active Duty; DD Form 256 AF, Honorable Discharge Certificate; and Enlisted Performance Reports (EPR). The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 30 Jul 90, the applicant entered active duty. On 27 Oct 05, he was court-martialed and found guilty of making a false official statement in violation of the Uniformed Code of Military Justice (UCMJ) Article 134 and fraud against the United States in violation of Article 132. His punishment included reduction to the grade of Senior Airman (SrA, E-4). On 30 Nov 06, his commander recommended he be retained in the Air Force. On 22 Jun 10, the Secretary of the Air Force (SecAF) found that the applicant did not serve satisfactorily in any higher grade than SrA and that he would not be advanced under the provisions of 10 U.S.C § 8964. On 1 Aug 10, the applicant retired in the grade of SrA. He served 20 years and 1 day on active duty. ________________________________________________________________ AIR FORCE EVALUATION: In a letter dated 31 Oct 13, AFPC/DPSIT informed the applicant his records were administratively corrected to show that the Transfer of Education Benefits (TEB) system was updated to reflect his request to transfer his benefits to his dependents. The complete DPSIT evaluation, with attachment, is at Exhibit C. AFPC/DPSOE states they have no equity in the decision and defer to the recommendation of DPSOR. The complete DPSOE evaluation is at Exhibit D. AFPC/DPSOR recommends denial of the applicant’s request to be advanced to the grade of SSgt on the Retired List. On 27 Oct 05, he was court-martialed for violation of larceny and making false official statements. As punishment, he was reduced from the grade of TSgt to the grade of SrA with a new Date of Rank (DOR) of 29 Jul 05. Following his reduction to the grade of SrA, he did not hold any higher grade prior to his 1 Aug 10 retirement effective date. Advancement determinations are made by the SecAF under 10 U.S.C § 8964. Each retired member of the Air Force is entitled to be advanced on the retired list to the highest grade in which they served on active duty satisfactorily as determined by the SecAF. On 22 Jun 10, the SecAF directed the applicant not be advanced to any higher grade. The complete DPSOR evaluation, with attachment, is at Exhibit E. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 27 Jun 14, copies of the Air Force evaluations were forwarded to the applicant for review and comment within 30 days (Exhibit F). As of this date, this office has not received a response. ________________________________________________________________ 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 to warrant changing his retirement grade to TSgt. 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 DPSOR and adopt the rationale expressed as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, aside from the administrative correction to transfer his benefits his dependents, we find no basis to recommend granting the additional relief sought in this application. _______________________________________________________________ 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. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-05056 in Executive Session on 7 Aug 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-05056 was considered: Exhibit A. DD Forms 149, dated 23 Oct and 24 Oct 13, w/atchs. Exhibit B. Applicant’s Master Personnel Records Exhibit C. Letter, AFPC/DPSIT, dated 31 Oct 13, w/atch. Exhibit D. Letter, AFPC/DPSOE, dated 20 Dec 13. Exhibit E. Letter, AFPC/DPSOR, dated 4 Mar 14, w/atch. Exhibit F. Letter, SAF/MRBR, dated 27 Jun 14. 1 2