RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2017-04129

xxxxxxxxxxxxxx				COUNSEL: NONE

							HEARING: NO 

APPLICANT REQUESTS THAT:

Her DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected as follows:

a.  Rank/Grade of technical sergeant/E6;

b.  Change nearest relative/address information.

APPLICANT CONTENDS THAT:

Her rank was restored after medical retirement.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force technical sergeant.  

On 24 Aug 11, the applicant was notified of the commander’s recommendation for demotion.  The reasons for the action include failure to fulfill fitness standards.  The applicant failed fitness testing on four occasions, for which she received verbal counseling, letter of counseling, letters of reprimand, unfavorable information file, and inclusion on the control roster:

On 24 Aug 11, the applicant acknowledged receipt of the action and elected to submit a statement on her behalf.

On 13 Sep 11, the demotion action was found legally sufficient.

On 16 Sep 11, Demotion Order A-013, the applicant was demoted to the grade of staff sergeant, with a date of rank of 16 Sep 11.  

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:

AFPC/DP2SPP recommends denying the application.  

The applicant was promoted to technical sergeant effective 1 Dec 09.  On 16 Sep 11 she received an administrative demotion to the grade of staff sergeant for failing fitness standards.  On 12 Dec 12, the Secretary of the Air Force Personnel Council (SAFPC) determined the applicant was physically unfit for continued military service and directed she be placed on the Temporary Disability Retired List (TDRL).  The Council also determined the applicant should be retired as a technical sergeant.  

The DD Form 214 reflects the grade the member held while on active duty at the time of separation, while the retirement rank is for retirement/severance pay purposes only.  The applicant’s DD Form 214 reflects her separation effective 28 Mar 13, with the grade she served as staff sergeant.  However, her temporary retirement order ACD-00905, dated 7 Jan 13, and permanent retirement order ACD-02649, dated 8 Jul 13, both reflect the applicant was retired in the grade of technical sergeant.  The complete advisory is at Exhibit C.

AFPC/DP2STM recommends denying the application.  

The sole purpose of the nearest relative information is for the initial physical delivery of the DD Form 214.  The data is administrative, and not used for veteran benefits/entitlements.  When the applicant is in receipt of their DD Form 214 the information is of no further use.  Based on procedures and documentation the DD Form 214 was correctly prepared, and the applicant has not shown there was an error.  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 2 Aug 18 for comment (Exhibit E), but has received no response. 

THE BOARD CONCLUDES:

1.  The application was timely filed.

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

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2SPP and AFPC/DP2STM and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS:  

The applicant be informed that the evidence did not demonstrate material error or injustice, and the application will 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-2017-04129 in Executive Session on 4 Sep 18:

	, Panel Chair
	, Panel Member
	, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:  Application, DD Form 149, w/atch, dated 17 Aug 18.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  Advisory opinion, AFPC/DP2SPP, w/atchs, dated14 Nov 17.
Exhibit D:  Advisory opinion, AFPC/DP2STM, dated 39 Jul 18.
Exhibit E:  Notification of Advisory, SAF/MRBC to applicant, dated 2 Aug 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.