RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00956

XXXXXXXXXXXXX	COUNSEL: NONE
	 
  	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, show his grade as staff sergeant (E-5).

APPLICANT’S CONTENTIONS

He was reduced in grade twice after signing Article 15s for not admitting guilt.  Time has been served for the loss of grade and his grade of staff sergeant should be restored.  He was unaware he could request his highest held grade be restored.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force airman first class (E-3).  

The applicant served on active duty from 4 Aug 81 to 18 Sep 95 and was honorably released from active duty with a narrative reason for separation of “Reduction in Force” and Reentry (RE) code “4E” (ineligible to reenlist, airman first class or below-completed 31 or more months).

On 15 Oct 20, the BCMR returned the applicant’s case.  His request could not be processed as a viable application since pertinent records were not included and the BCMR received only limited records from the National Personnel Records Center (NPRC).  The applicant was advised per AFI 36-2603, Air Force Board for Correction of Military Record, applicants have the burden of proof for providing evidence in support of their claim.  

In an undated response received by the BCMR on 5 Jan 21, the applicant provided copies of his DD Form 214, Certificate of Release or Discharge from Active Duty, Separation Order and enlisted performance reports (EPR).  The Article 15s were removed from his records after 6 months.  His EPR for the period ending 2 Jun 95 shows his performance improved but he was required to separate due to his grade and number of years.  He would have been allowed to stay 20 years as a staff sergeant.  However, due to his grade of airman first class, he was forced into an involuntary separation under the force reduction program.  He was forced to leave his career due to actions he has more than paid for.  The applicant’s complete response is at Exhibit D.  

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

AIR FORCE EVALUATION

AFPC/DP2SPP recommends denial.  The applicant states the demotions were due to Article 15 actions; however, without the pertinent records it is impossible to determine if demotion was not the correct course of action.  The applicant’s promotion record shows he was demoted to the grade of airman first class on 18 Aug 95 and his pay records indicate he held the grade of airman first class in the Reserves with an effective date of 18 Aug 95.  

The complete advisory opinion is at Exhibit E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 4 Feb 21 for comment (Exhibit F), and the applicant replied on 4 Mar 21.  In his response, the applicant requests his record be corrected as requested since the Air Force does not have documentation to prove the injustice.  The Office of Special Investigations (OSI) charged him with fraud after he filed a claim for a chess set damaged during the shipment of his household goods.  He believed the chess set was made from hand carved marble.  However, he did not know it was neither hand carved nor marble and received an Article 15.  He was also not informed the military issued credit card was only to be used for temporary duty (TDY) and not permanent change of station (PCS).  Although he paid the card off, he was demoted.  Neither he nor the Air Force have any proof of the Article 15 actions.  By looking at the circumstances, his naivety was taken advantage of and this should never have occurred.  They could have simply disapproved his claim rather than make an example of him.   

The applicant’s complete response is at Exhibit G.

FINDINGS AND CONCLUSION

1.  The application was not 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 not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2SP and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The applicant contends his records should be corrected based on the passage of time and the lack of evidence contained in his records.  However, the Board is persuaded that based on the presumption of regularity and the applicant’s burden to sustain he was the victim of an error or injustice, the Board finds insufficient evidence to warrant granting the requested relief.  The Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; 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-2020-00956 in Executive Session on 30 Mar 21:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, dated 4 Jan 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:  Letter, SAF/MRBC, dated 15 Oct 20.  
Exhibit D: Applicant’s response, w/atchs, undated.
Exhibit E:	Advisory opinion, AFPC/DP2SPP, dated 1 Feb 21.
Exhibit F:	Notification of advisory, SAF/MRBC to applicant, dated 4 Feb 21.
Exhibit G:	Applicant’s response, dated 4 Mar 21.

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.