RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00569 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His WD AGO Form 53-98, Military Record and Report of Separation 
Certificate of Service, reflect the grade of captain rather than 
first lieutenant. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

The reasons the applicant believes the records to be in error or 
unjust and the evidence submitted in support of the appeal are at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The relevant facts pertaining to this application are contained 
in the letter prepared by the appropriate office of the Air 
Force. Accordingly, there is no need to recite these facts in 
this Record of Proceedings. 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSOO reviewed this application and recommends denial. A 
complete copy of the evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant reviewed the advisory opinion and furnished a 
response, with attachments, which is attached at Exhibit E. 

 

_________________________________________________________________ 

 

 

 

 

 

 

 
THE BOARD CONCLUDES THAT: 

 

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

 

2. The application was not filed within three years after the 
alleged error or injustice was discovered, or could have been 
discovered, as required by Section 1552, Title 10, United States 
Code (10 USC 1552), and Air Force Instruction 36-2603. Although 
the applicant asserts a date of discovery which would, if 
applicable, make the application timely, the essential facts 
which give rise to the application were known to the applicant 
long before the asserted date of discovery. Knowledge of those 
facts constituted the date of discovery and the beginning of the 
three-year period for filing. Thus, the application is untimely. 

 

3. Paragraph b of 10 USC 1552 permits us, in our discretion, to 
excuse untimely filing in the interest of justice. We have 
carefully reviewed the applicant's submission and the entire 
record, and we do not find a sufficient basis to excuse the 
untimely filing of this application. The applicant has not shown 
a plausible reason for delay in filing, and we are not persuaded 
that the record raises issues of error or injustice that require 
resolution on its merits. Accordingly, we conclude that it would 
not be in the interest of justice to excuse the untimely filing 
of the application. 

 

_________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of an error or injustice; the 
application was denied without a personal appearance; and 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 AFBCMR Docket 
Number BC-2010-00569 in Executive Session on 21 September 2010, 
under the provisions of AFI 36-2603: 

 

 

 
The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2010-00569 was considered: 

 

 Exhibit A. DD Form 149, dated 25 January 2010. 

 Exhibit B. Applicant’s Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSOO, dated 14 June 2010. 

 Exhibit D. Letter, SAF/MRBR, dated 2 July 2010. 

 Exhibit E. Letter, Applicant dated 14 June 2010, w/atchs.