RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00409 INDEX NUMBER: 145.00 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he was discharged in the grade of sergeant (E-4) or staff sergeant (5) rather than airman (E-2). _________________________________________________________________ APPLICANT CONTENDS THAT: He was denied promotion to staff sergeant and demoted on two occasions for failure to repair due to his alcoholism. He has been sober for the past 29 years and has dedicated his life to helping others with alcoholism. In support of the appeal, the applicant provides copies of his DD Form 214, Report of Separation from Active Duty, and certified addiction counselor certificate. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force as an airman basic on 30 Nov 71 for a term of four years. On 25 Feb 75, he received an Article 15, for failure to go to his appointed place of duty on or about 5, 6 and 12 Feb 75. His punishment consisted of reduction in grade from E-4 to E-3. On 2 Jul 75, the suspended reduction was vacated for the applicant’s failure to go at the prescribed time to his appointed place of duty on or about 21 May and 25 Jun 75. He was permanently reduced to the grade of E-3 with a new date of rank of 28 Mar 75. He received another Article 15, on 24 Jul 75, for being absent without leave on or about 15 Jul 75. His punishment consisted of a reduction from E-3 to E-2, with a new date of rank of 29 Jul 75. On 8 Aug 75, he was honorably discharged in the grade of airman (E-2). Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, WV, indicated on 22 Sep 10, that, on the basis of data furnished, they are unable to locate an arrest record. _________________________________________________________________ AIR FORCE EVALUATIONS: AFPC/DPSOE recommends denial. DPSOE states that although the applicant requests reinstatement of rank to either E-4 (sergeant) or E-5 (staff sergeant), they found no documentation promoting him beyond the rank of E-4. The applicant is not disputing the legal correctness of the actions taken against him, nor does he provide any evidence of an error or injustice. The complete DPSOE evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS: A copy of the Air Force evaluation was forwarded to the applicant on 15 Sep 10, for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). _________________________________________________________________ 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. 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 and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ 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 Docket Number BC- 2010-00409 in Executive Session on 5 Oct 10, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 27 Jan 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOE, dated 10 May 10. Exhibit D. Letter, SAF/MRBR, dated 28 May 10.