RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2015-01508 COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
He receive a DD Form 214, Certificate of Release or Discharge from Active Duty, that reflects the grade of E-3 instead of E-1.

APPLICANT CONTENDS THAT:
An error exists because he did not receive a DD Form 214 when he was discharged. His separation order has his grade as E-1 (AB) that should be E-3 (A1C).

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

STATEMENT OF FACTS:
On 3 Oct 06, the applicant entered the Regular Air Force.
On 4 Oct 07, Special Court-Martial Order No. 1 found him guilty for wrongful use of cocaine. The sentence adjudged on 27 Aug 07 was confinement for 45 days, hard labor for 15 days without confinement, and reduction in grade to E-1.

On 11 Oct 07, his commander notified him of intent to discharge for misconduct – drug abuse. The applicant consulted with counsel and provided a written response to the notification.

On 24 Oct 07 the discharge authority approved the discharge with a DD Form 214 to be issued reflecting a General Discharge Under Honorable Conditions.

A search of the Automated Records Management System could not find any record of a DD Form 214 for the applicant.

The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of Primary responsibility (OPR), which are attached at Exhibits C and D.

AIR FORCE EVALUATION:
AFPC/DPSOE recommends denial of the applicant’s request to change his grade from Airman Basic (AB) to Airman First Class (A1C) indicating there is no evidence of an error or an injustice. The applicant entered active duty for a term of six years on 3 Oct 06 in the rank of AB. On 4 Oct 07, he was court- martialed for wrongful use of cocaine. His sentence consisted of a reduction from A1C to AB, confinement for 45 days, and hard labor without confinement for 15 days. He was discharged in the rank of AB on 25 Oct 07.

A complete copy of the AFPC/DPSOE evaluation is at Exhibit C.
HQ AFPC/JA recommends denial of the applicant’s request to a change of grade from AB to A1C. There is no evidence supporting the applicant's request to restore his rank from E-1 to E-3. He was appropriately reduced to E-1 by court-martial. He did not request clemency, either setting aside or mitigating the reduction. He carried the reduced rank through his post-trial administrative discharge, which resulted in his separation with a general service characterization as an E-1. They found no error or injustice in the reduction, the court-martial, or the administrative discharge and recommend denying the requested relief of restoring his rank.

The applicant claims to have never received a DD Form 214. A research of his military personnel record found no DD Form 214. The AFPC OPR that issues each DD Form 214 concurs one should be issued, and is working to recreate the applicant's DD Form 214 as it should have been issued at his separation in 2007.

A complete copy of the HQ AFPC/JA evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluations were forwarded to the applicant on 12 Nov 15 for review and comment within 30 days (Exhibit F). As of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:
1.	The	applicant	has	exhausted	all	remedies	provided	by existing law or regulations.

2.	The application was timely filed.
1.	

3.	Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to change the applicant’s grade on his DD Form 214, Certificate of Release or Discharge from Active Duty. 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. However, we do note that AFPC/JA indicates the OPR for the DD Form 214 is taking administrative action to recreate the applicant’s DD Form 214 he should have received in 2007. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief, other than that provided administratively by issuing the applicant a DD 214.

THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2015-01508 in Executive Session on 5 Jan 16 under the provisions of AFI 36-2603:

Panel Chair Member Member

The following documentary evidence was considered:
Exhibit A.	DD Form 149, dated 9 Apr 15, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Memorandum, AFPC/DPSOE, dated 18 Aug 15. Exhibit D.	Memorandum, AFPC/JA, dated 10 Nov 15.
Exhibit E.	Letter, SAF/MRBR, dated 12 Nov 15.