RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00908

XXXXXXXXXXXXXX	COUNSEL: NONE	 

  	HEARING REQUESTED: NO

APPLICANT’S REQUEST

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

	a. His grade reflect major (O-4), instead of lieutenant colonel (O-5).

 	b. His Meritorious Service Medal with one oak leaf cluster (MSM w/1 OLC) be changed to MSM w/2 OLC.  (Will not be considered by the Board at this time, referred to AFPC Recognitions Office for possible administrative correction).   

APPLICANT’S CONTENTIONS

He voluntarily retired from active duty after serving less than three years in the grade of O-5.  His retirement order shows he retired in the grade of O-4 and his retirement pay is correct; however, his DD Form 214 does not reflect his correct retired grade.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force major.

On 1 Apr 16, per Special Order JB-001093 dated 1 Apr 16, the applicant was promoted to the grade of O-5 with date of rank and effective date of promotion of 1 Apr 16.

On 28 Feb 18, according to DD Form 214, the applicant was discharged in the grade of O-5.  

On 1 Mar 19, per Special Order AC-008083 dated 15 Aug 17, the applicant retired in the grade of O-4.  His highest grade held on active duty reflects O-5.  

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

AIR FORCE EVALUATION

AFPC/DP2SSR-214 recommends denial for change of grade on his DD Form 214.   Based on Air Force procedures, the applicant’s DD Form 214 was correctly prepared.  In accordance with AFI 36-3202, Certificate of Release or Discharge from Active Duty, and the DD Form 214 Personnel Services Delivery (PSD) Guide, the grade recorded on the DD Form 214 is the highest active duty grade held at the time of separation or retirement.  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 12 Nov 20 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant did not exhaust all available non-judicial relief for correction of his record for award of the MSM w/2 OLC before applying to the Board.

3.   After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2SSR-214 and finds a preponderance of the evidence does not substantiate the applicant’s contentions to warrant correction of his grade on his DD Form 214.  The applicant’s request for award of the MSM w/2 OLC was referred to the AFPC Recognitions Office for possible administrative correction.  Should AFPC not be able to administratively correct his records as requested, his request will be referred back to the Board for adjudication.  Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2020-00908 in Executive Session on 19 Nov 20:

 , Panel Chair
 , Panel Member
 , Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 28 Dec 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, DP2SSR-214, dated 22 Oct 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 12 Nov 20.

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.