RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-00784

	COUNSEL: NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected and he receive back pay.  Specifically, he would like his records updated to reflect the following:

a.	His DOR to the grade of Airman First Class (A1C) be changed to 28 Dec 12 with an effective date of 6 Mar 13 to coincide with his graduation from technical school.
	
b.	His DOR and effective date to the grade of Senior Airman (SrA) be changed to 28 Apr 15.
	
APPLICANT CONTENDS THAT:

He did not receive SrA pay from Apr-Jul 15.  Had this update been made, he would have been eligible to test for promotion to the grade of Staff Sergeant (SSgt).  His stripe was taken away and given back in the same month.  The applicant’s complete submission is at Exhibit A.
STATEMENT OF FACTS:

The applicant initially entered active duty in the Regular Air Force on 20 Oct 12.

On 28 Dec 12, the applicant completed basic training.

On 9 Nov 13, the applicant failed to obey a lawful order for which he received a Letter of Counseling (LOC).  On or about 9 May 15 and 9 Jun 15, he wrongfully used marijuana, in violation of Article 112a, Uniform Code of Military Justice (UCMJ), for which he received an Article 15 for this offense.

On 28 Apr 15, he was promoted to the grade of SrA.

On 1 Dec 15, the applicant’s commander notified him that he was recommending him for discharge under the provisions of AFPD 36-32, Military Retirements and Separations, and AFI 36-3208, Administrative Separation of Airmen, paragraph 5.54.  The applicant acknowledged receipt of the separation action and was afforded the opportunity to consult with counsel and submit statements in his own behalf.  After a legal review, the case was found to be legally sufficient to support separation.

On 19 Feb 16, the applicant was furnished a general (under honorable conditions) discharge for misconduct (Drug Abuse) in the grade of SrA, his effective date of pay grade, Block 1, is 28 Apr 15.  He served 3 years, 3 months and 20 days of active service.  

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C and D.

AIR FORCE EVALUATION:

DFAS-IN recommends partial approval by restoring the applicant’s grade to A1C.  However, DFAS-IN recommends denying his request for promotion consideration.  The applicant contends he was not afforded time to dispute his non-judicial punishment (NJP) and remain in the Air Force.  He was not paid properly for promotions of SrA effective 28 Apr 15 and due to being discharged; he was not provided the opportunity to become eligible to test for SSgt.  He would like to have his full back pay and allowances restored for the rank and pay grade A1C for the period of 9 Sep through 15 Sep 15 as well as SrA effective 28 Apr 15, based on the Unit Commander’s Memorandum, dated 18 Feb 16.

By way of background, the applicant received multiple Letters of Counselling (LOCs) for a variety of lapse in judgement in November 2013 and November 2014.  At the time of counselling, he acknowledged an error in judgment and accepted full responsibility for his action or non-action putting himself and others in danger. These letters could have been responsible for the delay in any promotion as they are at the discretion of the command.  In regard to the reduction in rank from A1C, the applicant has provided sufficient documentation to correct his pay records to restore pay and allowances at the grade of A1C for the period 9 Sep 15 through 15 Sep 15.

The complete advisory is at Exhibit C.

AFPC/DP3SP recommends correcting block 12i, Effective Date of Pay Grade, of applicant’s DD Form 214 to reflect 16 Sep 15 versus 28 Apr 15.  DP3SP also recommends correcting his Military Personnel Data System (MilPDS) and Defense Finance Account System (DFAS) records to reflect that he was promoted to the grade of Senior Airman (SrA) effective 28 Apr 15, demoted to the grade of Airman First Class (A1C) effective 9 Sep 15, and reinstated to the grade of SrA effective 16 Sep 15.

Based on his DOR to the grade of A1C, he should have been promoted to SrA on 28 Apr 15.  On 9 Sep 15, he received an Article 15 for wrongful use of marijuana.  His punishment consisted of a reduction from the grade of A1C to Airman (Amn) with a new DOR of 9 Sep 15 and a reprimand.  The applicant appealed the decision and his appeal was granted insomuch as the reduction to the grade of Amn was suspended until 8 Mar 15.  His new effective date to the grade of A1C became 16 Sep 15 (date of suspension action).

At some point during the discharge process, it was discovered that he should have been promoted to the grade of SrA on 28 Apr 15.  Therefore, when he received NJP, his grade should have been SrA with a reduction to A1C.  Furthermore, when the punishment was changed to a suspended reduction, his grade should have been updated to SrA effective 16 Sep 15 (date of suspension action).

Although the DD Form 214 accurately reflects his grade  at time of discharge as SrA, block 12i is incorrect as it reflects his original effective date for SrA (28 Apr 15) instead of the date of NJP suspension action (16 Sep 15).

The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 16 Nov 16 for comment (Exhibit E), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant has presented evidence sufficient to demonstrate an error or injustice regarding part, but not all, of his request.  The Board agrees with the opinion and recommendation of AFPC/DP3SP and adopt the rationale expressed as the basis for its conclusion the applicant has been the victim of an error or injustice.  However, for the remainder of the applicant’s request, the evidence presented did not demonstrate an error or injustice, and the Board therefore finds no basis to recommend granting that portion of the applicant’s request.  Therefore, the Board recommends correcting the applicant’s records to the extent indicated below.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that:

	a. His DD Form 214, Certificate of Release or Discharge from Active Duty, Block 12i, Effective Date of Pay Grade, be amended to reflect his effective date of pay grade is 16 September 2015, rather than 28 April 2015.

	b. His Military Personnel Data System (MilPDS) and Defense Finance Account System (DFAS) records reflect he was promoted to the grade of Senior Airman (SrA) effective 28 April 2015, demoted to the grade of Airman First Class (A1C) effective 9 September 2015, and reinstated to the grade of SrA effective 16 September 2015.

However, regarding the remainder of the applicant’s request, the Board recommends the applicant be informed the evidence did not demonstrate material error or injustice and the application could only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-00784 in Executive Session on 5 Sep 18:

, Panel Chair 
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 23 Feb 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, DFAS/IN, dated 15 Sep 16.
Exhibit D:	Advisory opinion, AFPC/DP3SP, dated 27 Jun 16.
Exhibit E:	Notification Letter to Applicant, dated 16 Nov 16.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9 pertaining to Docket Number BC-2016-00784.