RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2019-04317

XXXXXXXXXX	COUNSEL:  NAME

	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

1.  His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect his rank as Technical Sergeant (TSgt) versus Airman Basic (AB).

2.  He receive all back pay for the difference in pay between TSgt and AB for the period 8 Feb 17 – 19 Apr 19.

3.  Remove the reduction to AB from his records.

APPLICANT’S CONTENTIONS

The United States Air Force Court of Criminal Appeals set aside his reduction to AB.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force AB (E-1).

The applicant entered the Air Force on 12 Dec 06.

Per Special Court-Martial Order No. 2 dated 28 Mar 17, the applicant was sentenced to a Bad Conduct Discharge (BCD), confinement for 210 days, and reduction to the grade of AB.

Per Special Court-Martial Order No. 2 dated 22 Jan 19, the applicant’s sentence was modified by setting aside the reduction to AB.

On 19 Apr 19, the applicant was discharged with a BCD in the rank of AB.

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

AIR FORCE EVALUATION

AFPC/DP2SSP, recommends granting the application.  Based on the modified Court-Martial sentence, the applicant’s record should corrected as requested. 

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 4 Dec 19 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

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

3.  After reviewing all Exhibits, the Board concludes the applicant is the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2SSP and finds a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show the DD Form 214, Certificate of Release or Discharge from Active Duty, dated 19 April 2019.

	Block 4a. Grade, Rate or Rank reflect TSgt versus AB.
	Block 4b. Pay Grade reflect E6 versus E1.
	Block 12i. Effective date of Pay Grade reflect 2016 Apr 01 versus 2017 Feb 08.

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-2019-04317 in Executive Session on 6 May 20:

, Panel Chair / Chair / Vice Chair
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Forms 149, w/atchs, dated 4 Sep 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSP, dated 20 Nov 19.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 4 Dec 19.

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