RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-01678
								INDEX CODE:  131.09
	XXXXXXXXXXXXX				COUNSEL:  NONE

								HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be directly promoted to the grade of technical sergeant (TSgt – E-6).

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APPLICANT CONTENDS THAT:

When promotions were released on 15 June 1978, he missed promotion to the grade of TSgt by ½ point.  A master sergeant at the Military Personnel Flight (MPF) told him that if he had received an Air Force Commendation Medal (AFCM), or an Airman Performance Report (APR) for his time in Vietnam or service at Eglin AFB, he would not have missed promotion. 

He did not have any control over this and his medical records were blown up in a rocket attack.

He has recently been advised that he has cancer in his right lung as a result of exposure to Agent Orange.

In support of his appeal, he has provided copies of a personal statement, a letter from the National Personnel Records Center providing him with the most complete record they had, a list of his medical problems, his DD Form 214, effective 22 August 1968, a letter from the 3345th Technical School attesting to his graduation as an honor student, APRs closing 14 February 1968, 14 February 1969, 30 July 1974, and 30 July 1975, a Letter of Evaluation (LOE) for the period 5 August 1975 through 24 August 1975, and his DD Form 214, effective, 31 July 1981.

Applicant’s complete submissions, with attachments, are at Exhibits A and C.

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STATEMENT OF FACTS:

Correspondence received from the applicant at Exhibit C indicates that he did not intend to request that his DD Form 214 be corrected to reflect the awards he addressed in his DD Form 149; rather, he wishes only to apply for direct a promotion from the grade of  Staff Sergeant (SSgt - E-5) to the grade of TSgt.  

The applicant enlisted in the Regular Air Force (RegAF) on 1 November 1960, and served continuously until he was discharged on 14 July 1978.  He re-entered the RegAF on 27 March 1979, and served until he retired in the grade of SSgt on 1 August 1981.

He is entitled to wear the Republic of Vietnam Campaign Medal, Republic of Vietnam Gallantry Cross with Palm, and Vietnam Service Medal.

While assigned to APO 64, San Francisco, his records indicate he received the following APRs:

		PERIOD ENDING				EVALUATION

		 8 Mar 1963					5
		15 Nov 1963					8

While assigned to Eglin AFB, FL, his records indicate he received the following APRs:

		PERIOD ENDING				EVALUATION

		30 Jul 1975					9 (firewall)
		 1 May 1976					9 (firewall)
		 1 May 1977					9 (firewall)
		 1 Nov 1977					9 (firewall)

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AIR FORCE EVALUATION:

AFPC/DPSOE recommends denial of applicant’s request for direct promotion to the grade of TSgt.  Air Force policy does not allow for direct promotion as requested.

This request should be time-barred as it was not filed within the three-year time limitation.  In this case, he waited over 25 years after retirement to petition the AFBCMR.  His unreasonable delay has also caused prejudice to the Air Force as relevant records have been destroyed or are no longer available, memories have failed, and witnesses are unavailable.

The applicant contends he missed promotion by ½ a point during cycle 79A6; however, based on his date of rank to SSgt of 27 March 1979, he would not have been eligible for promotion consideration to TSgt until Cycle 82A6 (promotions effective August 1981 – July 1982).  He missed promotion during this cycle by 53.73 points.

The AFPC/DPSOE evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In their avid haste to add him as another notch on their pistol, more information should have been listed in their Reason for Request.  That which is reflected has no evidence to support it, but two more deserving commendation medals with evidence should be added.  The prejudice to the Air Force is not his doing.  If the records were destroyed or lost, he had no control over this and they should be there regardless of a time-factor.  Paragraph b. of the advisory is not relevant to this application as the timeframe is after he retired.  

They prejudiced him and violated his rights by not reflecting the two items for which he had evidence.  He was not aware of the time-factor, and a waiver can be generated to clear the problem concerning direct promotion.  When he returned to the military in 1979, an Air Force regulation stated that anyone with 14 or more years of active service could not re-enter the RegAF, and this was waived.

He has to take care of his mother-in-law who is 81 years old and frequently has falling spells.  He gave her his word that he would not put her in a home.  Because of his word to his wife and her mother, he cannot have the cancer operation.  

He was assigned to a classified unit and his civilian leader could not write-up anything for him.

The applicant’s complete response, with attachments, is at Exhibit G.

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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 opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Although the applicant claims he missed promotion by ½ point during cycle 79A6, evidence has been presented that based on his date of rank to SSgt of 27 March 1979, he would not have been eligible for promotion consideration to TSgt until Cycle 82A6 (promotions effective August 1981 – July 1982), and he missed promotion during this cycle by 53.73 points.   Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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.

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The following members of the Board considered Docket Number BC-2007-01678 in Executive Session on 30 January 2008, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 May 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, Applicant, undated.
    Exhibit D.  Letter, AFBCMR, dated 16 Aug 07.
    Exhibit E.  Letter, AFPC/DPSOE, dated 25 Oct 07.
    Exhibit F.  Letter, SAF/MRBR, dated 30 Nov 07.
    Exhibit G.  Letter, Applicant, undated, w/atchs.