RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2021-02047

XXXXXXXXXXXX	COUNSEL:  NONE
	
	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

Correct his military record to restore his previous rank.

APPLICANT’S CONTENTIONS

He was promised restoration of his previous rank under conditions of his separation, but his rank was not restored.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 13 Jan 72, the applicant received a psychiatric evaluation and was diagnosed with anxiety, secondary to use of firearms.  An evaluator recommended the applicant be cross-trained out of the Security Police career field.

On 22 Sep 72, the applicant was issued a referral Airman Performance Report, for the period 23 Sep 71 – 22 Sep 72.  

On 26 Sep 72, the applicant was issued a disciplinary punishment letter, dated 20 Sep 72, under Article 15, Uniform Code of Military Justice (UCMJ), for failing to take a Career Development Course (CDC) test on or about 13 Sep 72, in violation of Article 92, UCMJ.  The applicant was reduced from the grade of E-4 to E-3 and was ordered to forfeit $50 per month for one month.

On 2 Oct 72, the applicant was placed on the Airman Control Roster and on 1 Nov 72, the applicant refused to sign the first indorsement acknowledging receipt.

On 15 Nov 72, the applicant was issued a disciplinary punishment letter, dated 2 Nov 72, under Article 15, UCMJ, for (1) Failing to take a CDC test, on or about 24 Oct 72, in violation of Article 92, UCMJ and (2) Failing to sign a first indorsement acknowledgement receipt, dated 31 Oct 72, in violation of Article 92, UCMJ.  The applicant was reduced to the grade of E-1.

On 11 Dec 72, the applicant was issued a disciplinary punishment letter, dated 5 Dec 72, under Article 15, UCMJ, for failing to trim his mustache on or about 24 Nov 72, in accordance with Air Force Manual 35-10, in violation of Article 92, UCMJ.  On 12 Dec 72, the applicant was ordered to forfeit $50 per month for one month.

On 11 Jan 73, the applicant’s commander recommended discharge under the provisions of Air Force Manual 39-12, Separation for Unsuitability, Misconduct, Resignation, or Request for Discharge for the Good of the Service and Procedures for the Rehabilitation, Program, due to the applicant’s apathy and defective attitude, and inability to expend efforts constructively.  The commander further recommended the applicant be furnished a general (under honorable conditions) discharge.

On 22 Jan 73, the discharge action was found legally sufficient, and the discharge authority approved the recommendation on 23 Jan 73.

On 26 Jan 73, the applicant received an under honorable conditions discharge, in the grade of E-1.

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

AIR FORCE EVALUATION

AFPC/DP2SPP recommends denying the application.  The applicant received disciplinary actions under Article 15, UCMJ, on 26 Sep 72, 15 Nov 72, and 12 Dec 72, resulting in reductions in grade.     

Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice for demotions issued nor the applicant’s rank/grade upon administrative separation.  There were no documents provided or found within the applicant’s record that stated the rank was to be restored upon separation.  It is clear the applicant received multiple attempts for rehabilitation but had fallen short of expectations and standards placed upon him.

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 7 Oct 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 reduced in rank as a result of disciplinary action under Article 15, UCMJ.  There is no evidence his previous rank would be restored prior to, or upon, discharge.  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-2021-02047 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 10 May 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP2SPP, w/atchs, dated 20 Sep 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 7 Oct 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.