RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00184
		INDEX CODE:  131.00
		COUNSEL:  NONE	

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His grade on his DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect senior airman, rather than airman first class.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He received a letter stating he had been promoted.  

In support of his request, applicant provided a letter received by his parents, a copy of his DD Form 214; AF Forms 2096, Classification/On-the-Job Training Action; a personnel data report, and a Community College of the Air Force registration application.  His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 2 Sep 87.  He was progressively promoted to the grade of airman first class, having assumed that grade effective and with at date of rank of 2 Jan 89.  On 15 Jul 91, he was released from active duty under the Early Release Program.  He served 3 years, 10 months, and 14 days on active duty.

The portion of the applicant's request regarding his Primary Air Force Specialty has been administratively corrected.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPWB recommends the applicant's request be denied as untimely.  If the Board decides to consider the request, denial is recommended.  DPPPWB states that based on his date of rank to airman first class, he would have been promoted to senior airman on 2 Sep 90.  He provides a letter to his parents dated 4 Sep 90 notifying them he had been promoted.  However, there is no documentation in his records showing the rank of senior airman.  He has an Airman Performance Report closing out on 4 Mar 91 that reflects his grade as airman first class.  The applicant was asked to provide additional documentation showing he was promoted, but he did not respond.  The DPPPWB evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 7 May 04 for review and comment within 30 days.  As of this date, this office has received no response.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the Air Force office of primary responsibility that the applicant has not provided the appropriate documentation which would show that he was recommended for and promoted to senior airman when he became eligible for promotion.  Therefore, we adopt their rationale as the basis for our conclusion that he has not been the victim of an error or injustice.  In the absence of persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

_________________________________________________________________

The following members of the Board considered Docket Number BC-2004-00184 in Executive Session on 30 Jun 04, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 Jan 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPWB, dated 19 Apr 04.
    Exhibit D.  Letter, SAF/MRBR, dated 7 May 04.

                                   Panel Chair