RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-03546
		
   						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS:

Her date of rank (DOR) to the grade of Staff Sergeant (SSgt) be changed to 1 May 09. 

APPLICANT CONTENDS:

She was demoted on 5 Sep 14 for operating a motor vehicle under the influence of alcohol.  In accordance with AFI 36-2503, Administrative Demotion of Airman, paragraph 17.2, her DOR to SSgt after her demotion should be her former DOR to SSgt, 1 May 09.  However, her DOR was incorrectly changed to the effective date of the demotion action of 5 Sep 14.  

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

STATEMENT OF FACTS:

The applicant served in the Air Force Reserve during the time of the matter under review.  

Under Reserve Order P-138, dated 29 Apr 09, the applicant was promoted to the grade of SSgt, with a DOR of 1 May 09.  

Under Reserve Order A-336, dated 11 Sep 14, the applicant was demoted from the grade of Technical Sergeant to the grade of SSgt, effective 5 Sep 14, with a DOR of 5 Sep 14. 

The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C.

AIR FORCE EVALUATION:

AFRC/A1K recommends granting the applicant’s request, indicating there is evidence of an error or injustice.  AFI 36-2604, Service Date and Date or Rank, paragraph 2.7.4.1 states, “For a USAFR enlisted member reduced under AFI 36-2503, paragraph 17.2, the DOR is the former DOR of the grade to which the member is reduced.”  The applicant’s commander cited AFI 36-2503, Section B, paragraph 17.2, Failing to Fulfill NCO Responsibilities, when he reduced her in rank.  Recommend approval of member’s request to change her date of rank to SSgt to 1 May 09.

A complete copy of the AFRC/A1K, with attachments, evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 21 Oct 16 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

THE BOARD CONCLUDES:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of AFRC/A1K and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice.  Therefore, we recommend the applicant's records be corrected as indicated below.	

THE BOARD RECOMMENDS:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to reflect her date of rank (DOR) to the grade of Staff Sergeant (E-5), be changed to 1 May 2009. 

The following members of the Board considered AFBCMR Docket Number BC-2015-03546 in Executive Session 15 Dec 16, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03546 was considered:

	Exhibit A.  DD Form 149, dated 14 Aug 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFRC/A1K, dated 13 Oct 16, w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 21 Oct 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.