RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-03611 

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His Master Military Pay Account (MMPA) record be corrected to reflect his pay grade as E-3 (A1C) versus E-2 (Amn).  

APPLICANT CONTENDS THAT:

His DD Form 214, Certificate of Discharge or Release from Active Duty, clearly shows that he separated in the grade of A1C (E-3).  However, his records reflects the grade of Amn (E2) so it appears he owes money when in fact money is due to him.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 25 Feb 14.

On 10 Feb 16, the applicant was notified that his commander was considering whether he should punish him under Article 15, UCMJ, for violating the UCMJ, Article 90, willfully disobeying a no-contact order.  Proposed punishment: Reduction to the grade of Amn, with a date of rank (DOR) of 18 Feb 16, 10 days of extra duty, and a reprimand.

On 23 Feb 16, the applicant appealed his punishment.

On 26 Feb 16, the applicant’s commander granted his appeal in part.  The portion of the punishment which called for reduction to the grade of Amn, with a DOR of 18 Feb 16 was mitigated to forfeiture of $923.00 pay per month for two months.   

On 15 Jun 16, the applicant receive an honorable discharge after serving 2 years, 3 months, and 21 days of active service.   

The remaining relevant facts pertaining to this application are described in the memorandum prepared by AFPC/DP2SS, DFAS/IN, and AFPC/JA which are included at Exhibits C, D and E.

AIR FORCE EVALUATION:

AFPC/DP2SS recommends granting the applicant’s request, indicating there is evidence of an error or injustice.  On 18 Feb 16, while serving in the grade of E-3 (A1C), the applicant received NJP for willfully disobeying a no-contact order.  His punishment consisted of a reduction to the grade of E-2 (Amn), 10 days of extra duty, and a reprimand.  He appealed the punishment, and his appeal was granted in part on 26 Feb 16.  His punishment was mitigated to a forfeiture of $923.00 a month for two months.  When a reduction in grade is mitigated, the member’s grade is reinstated with a date of rank (DOR) and effective date effective the date of mitigation.  In this case, his DOR and effective date to E-3 (A1C) should have been 26 Feb 16.  Recommend Block 12i (effective date of pay grade) of his DD Form 214 be corrected to reflect 26 Feb 16 versus 25 Jun 15, and further recommend DFAS correct his pay file to reflect the grade of E-3 (A1C) effective 26 Feb 16, based on the mitigated Article 15 punishment.  

A complete copy of the AFPC/DP2SS evaluation is at Exhibit C.

DFAS/IN recommends denial the applicant’s request, indicating there is no evidence of an error or injustice.  The applicant’s DD Form 214 does reflect a grade of E-3 (A1C) effective 25 Jun 15, however, the MMPA shows a reduction to the grade of E-2 (Amn) effective 18 Feb 16 (Demotion order dated 7 Mar 16 attached).  The fact that the DD Form 214 does not reflect the demotion does not impact the pay record.  Unless the applicant can produce a copy of the cancelation of the demotion or a promotion order dated after, there is no error in the record to be corrected. 

A complete copy of the DFAS/IN evaluation is at Exhibit D.

AFPC/JA recommends granting the applicant’s request, indicating there is evidence of an error or injustice.  Per AFI 36-2603, Air Force Board for Correction of Military Records, paragraph 4.1, the applicant has the burden of providing sufficient evidence of material error or injustice – in this instance the case file and applicant’s ARMS record indicates the applicant was, in fact, serving in the grade of A1C at the time of his discharge from the Air Force on 15 Jun 16.  While the applicant’s original DOR to the grade of A1C may have been 25 Jun 15 (as indicated in Block 12.i of his DD Form 214), the correct DOR and effective date to A1C should be 26 Feb 16, which was the date his reduction to the grade of Amn via nonjudicial punishment was mitigated to forfeiture of pay.  We believe the demotion order (Special Order AA-025, dated 7 Mar 16), relied upon by DFAS IN in its advisory, was issued in error by the RAF Lakenheath MPS.  Besides the lack of any AFI 36-2502 administrative demotion action appearing in the applicant’s ARMS record, strongly indicates that an administrative demotion order was mistakenly issued based on the underlying nonjudicial punishment demotion.  They concur with AFPC/DP2SSP (Enlisted Promotions) that the applicant’s records should be corrected to reflect a DOR and effective date to the grade of A1C as 26 Feb 16.  Recommend the administrative demotion order, dated 7 Mar 16, be removed from the applicant’s military record.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 2 Oct 17 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.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of an injustice.  After a thorough review of the evidence of record and the applicant’s complete submission, we believe the applicant is the victim of an error or injustice.  While we note the comments of DFAS/IN indicating that relief should be denied because his DD Form 214 rank does not impact the pay record, we believe a preponderance of the evidence substantiates that corrective action is warranted.  In this respect, we note AFPC/DP2SS and AFPC/JA determined the applicant’s demotion to the grade of Amn was mitigated on 26 Feb 16, and his records, to include his DD Form 214, should be corrected to reflect a DOR and effective date to the grade of A1C of 26 Feb 16.  Additionally, they opine that the administrative demotion order be removed from his records.  Therefore, we recommend the applicant’s records be corrected as 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. Special Order AA-025 (Demotion Order), dated 7 March 2016, be declared void and removed from his military records.

b. His date of rank and effective date to the grade of A1C (E-3) be corrected to reflect 26 February 2016.

The following members of the Board considered AFBCMR Docket Number BC-2016-03611 in Executive Session on 21 Mar 18 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-03611 was considered:

	Exhibit A.  DD Form 149, dated 1 Sep 16, w/atch(s).
	Exhibit B.  Master Personnel Records [Excerpts].	
Exhibit C.  Advisory, AFPC/DP2SS, dated 23 Nov 16.
	Exhibit D.  Advisory, DFAS/IN, dated 7 Sep 17, w/atch.
	Exhibit E.  Advisory, AFPC/JA, 17 Sep 17.
	Exhibit F.  Letter, SAF/MRBC, dated 2 Oct 17, w/atch(s).

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.