RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03262 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: His retired pay grade of technical sergeant (E-6/TSgt) be changed to the grade of master sergeant (MSgt/E-7). ________________________________________________________________ THE APPLICANT CONTENDS THAT: His Article 15 punishment consisting of a reduction to the grade of TSgt was too severe in comparison to the punishment received by others. Additionally, his medical condition at the time prevented him from effectively defending himself due to high levels of pain medication. In support of his appeal, the applicant provides a personal statement, copies of a letter of support from his former Deputy Adjutant General, former supervisor and various other documents. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 5 Mar 09, the applicant, a member of the Air National Guard (ANG), received an Article 15, on or about 18 May – 7 Jul 08, for wrongfully making purchases on his government travel card for other than travel. His punishment consisted of a reduction to grade of TSgt with a Date of Rank (DOR) of 5 Mar 09. On 23 Feb 10, the Secretary of the Air Force Personnel Council conducted a grade determination and found the applicant did not serve satisfactorily in the higher grade of MSgt within the meaning of Title 10 Section 1372; therefore, he was retired in the grade of TSgt. However, they did find the applicant did serve satisfactorily in the higher grade of MSgt within the meaning of Title 10, Section 8964. As such, when his total service time after retirement reaches 30 years he will be advance to the higher grade of MSgt. On 28 May 10, the applicant was relieved from active duty and transferred to the USAF Reserve Retired List awaiting pay at age 60. He was retired in the grade of TSgt, with a compensable disability rating of 20 percent, with a narrative reason for separation of retirement disability, permanent. He was credited with 20 years, 8 months, and 16 days for active service for retirement. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 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, based on the evidence of record and the information provided in support of his appeal, to include the letter from the Wyoming Deputy Adjutant General-Air, the applicant has not provided evidence that substantiates that his grade at the time of separation should be disturbed. In this respect, we note the applicant was provided a grade determination by the Secretary of the Air Force Personnel Council (SAFPC), which determined that he had not served satisfactorily in a grade higher than TSgt. In view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ 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-2012-03262 in Executive Session on 18 Apr 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-03262 was considered: Exhibit A. DD Form 149, dated 5 Jul 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Panel Chair