RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2020-02949

XXXXXXXXXXXXX	COUNSEL:  NONE
	
	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

1.  Correct his DD Form 214, Report of Separation from Active Duty, to reflect: 

a. Air Force Outstanding Unit Award with combat V device for periods Apr 72 – 28 Jan 73 and 29 Jan 73 – 31 Dec 73. (Administratively corrected)
b. Republic of Vietnam Gallantry Cross with Palm (Administratively corrected)
c. Campaign Streamer for Vietnam service.
d. Amended rank/grade of staff sergeant (E-5) vice sergeant (E-4).

2.  Replace gray DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, issued 2 Jul 19, with a white copy.

APPLICANT’S CONTENTIONS

He believes he is entitled to a campaign streamer for Vietnam service.  Additionally, the grade on his DD Form 214 should be E-5, not E-4.  The DD Form 214 currently has pay grade E-4 with a 1 Nov 72 date of rank.  He believes he had the grade of E-4 before 1 Nov 72 and was called to the personnel office at xxxx in Nov 72 for a promotion to E-5.  Finally, he requests his DD Form 215, issued 2 Jul 19, be replaced with a white copy as the County Recorder cannot scan the gray copy.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force sergeant (E-4).

On 1 Nov 72, according to Special Order XXXXX, dated 1 Nov 72, the applicant was promoted to the rank of sergeant (E-4), effective and with a date of rank of 1 Nov 72.

On 25 Feb 74, the applicant received disciplinary punishment, under Article 15, Uniform Code of Military Justice (UCMJ), for operating a passenger car in a reckless manner by turning doughnuts on the ice-covered pavement, on or about 2 Feb 74, in violation of Article 111, UCMJ.  He was ordered to forfeit $50 for one month and reduced to the grade of airman first class (E-3), suspended until 15 Aug 74, at which time unless the suspension was sooner vacated, would be remitted without further action.

On 28 Jan 75, the applicant was furnished an honorable discharge, in the rank/grade of sergeant/E-4, and credited with 4 years active service, of which 1 year was foreign and/or sea service.

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

APPLICABLE AUTHORITY/GUIDANCE

Air Force Manual (AFMAN) 36-2806, Awards and Memorialization Program. Streamers are carried on flags approved for use and display on Air Force installations. Streamers denote the unit's service, battle honors and/or awards. All streamers are swallow-tailed ribbons of the same design as the service ribbon for the theater, area of operations, or unit decorations.  Commanders may request a streamer by submitting a DD Form 1348-6, Single Line Item Requisition System Document, to the Air Force Clothing and Textile Office at the Defense Logistics Agency, electronically to AFPHLHERALDRY@dla.mil or by mail.  The mailing address is AFC&TO, AFLCMC/WNU Human Systems Division, 700 Robbins Ave, Bldg 3/C South, Philadelphia, PA 19111-5096.  Provide a contact name, phone number, and e-mail address in the remarks section. Normal processing time is 30-45 days. 

Air Force Instruction (AFI) 36-3202, Separation Documents. The DD Form 214 is an important record of service and should be prepared as completely and accurately as possible. Items 1, 3, 4, 12, and 18 through 30, and DD Form 215, items 1, 3, 5, and 7, are overprinted with a reproducible screen tint using security ink to make alterations readily discernible. No corrections should be made in the screened items. 

AIR FORCE EVALUATION

AFPC/DP2SPP recommends denying the applicant’s request to correct his grade from E-4 to E-5.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice for incorrect rank/grade annotated on DD Form 214/DD Form 215.  In accordance with Air Force Regulation 39-29, Promotion of Airmen, dated 1 Aug 74, paragraph 12 (How Airmen Are Considered for Promotion to Grades E-5 through E-7).  “Personnel eligible for promotion to these grades are considered under the WAPS [Weighted Airman Promotion System]. Under this system, personnel data elements are collected, validated, processed, and converted to weighted factor scores for promotion selection purposes. Airmen compete, test (if required), and are selected for promotion in the Control Air Force Specialty they hold on the PECD [Promotion Eligibility Cutoff Date.” Promotions for grades E-4 through E-7 are announced in orders published by the servicing CBPO [Consolidated Base Personnel Office] as approved by Commanders concerned.
  
The applicant was promoted to E-4 on 1 Nov 72.  On 25 Feb 74, due to disciplinary punishment, he was demoted to E-3, suspended until 15 Aug 74 (and later remitted without further action), and held the grade of E-4 at the time of his discharge.  A review of the applicant’s record reveals no promotion order to indicate he was ever promoted to the rank/grade of staff sergeant/E-5.

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 17 Dec 21 for comment (Exhibit D), but has received no response.

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/DP2SPP and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The applicant was promoted to the grade of E-4, not E-5, on 1 Nov 72.  Additionally, AFMAN 36-2806 identifies campaign streamers as unit awards, not intended for individual recognition.  Further, per AFI 36-3202, the screened (gray) areas of the DD Form 215 are intentional and are overwritten with security ink to detect alterations.  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).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  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, with the exception of those awards administratively corrected, 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-2020-02949 in Executive Session on 17 Feb 22:

, 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 22 Jul 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP2SPP, dated 8 Nov 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 17 Dec 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.