RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01080 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His date of rank (DOR) to staff sergeant (SSgt) be changed from 1 January 1969 to 20 July 1967 and he receive back pay. _________________________________________________________________ APPLICANT CONTENDS THAT: His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, reflected his DOR for SSgt as 20 July 1967. He has two special orders with conflicting information. His DOR should be 20 July 1967. During a deployment to Pueblo, he was told he should be wearing SSgt stripes. In support of his request, the applicant provides copies of his special orders and his DD Forms 214. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in Air Force Reserve on 26 January 1968 and was progressively promoted to the grade of SSgt, having assumed that grade effective and with a date of rank of 1 January 1969. Special Order A-5, dated 1 January 1969, indicates the applicant was promoted to the grade of SSgt, effective 1 January 1968, with a DOR of 1 January 1969. Special Order A-24, dated 6 January 1969, amended Special Order A-5 to change his effective date to 1 January 1969. His DD Form 214 reflects his DOR to SSgt as 20 July 1967 _________________________________________________________________ AIR FORCE EVALUATION: AFRC/A1K recommends denial. A1K states the applicant’s DD Form 214 and the source documentation should match; however, based on the source documentation, it is reasonable to conclude the applicant’s DD Form 214 is in error and not the source documentation. The applicant’s special orders reflect the applicant’s DOR as 1 January 1969. The complete A1K evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states there must be a source document somewhere in order for his DD Form 214 to reflect he was promoted to SSgt in 1967. He performed duties as assigned and should be compensated for the time he was activated as a SSgt. His DD Form 214 is a true record of his military service. He respectfully request the Board abide by the DOR reflected on the DD Form 214, with compensation accordingly. The applicant’s complete response is at Exhibit D. ________________________________________________________________ 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 that would warrant corrective action. After a thorough review of the available evidence and the applicant’s complete submission, we find no evidence which would lead us to believe the applicant's date of rank (DOR) should be corrected to show he was promoted to the grade of staff sergeant effective 20 July 1967. While the applicant believes his DOR should be changed to match his DD Form 214 and that he should be compensated accordingly, we do not find the evidence presented sufficiently persuasive to override the rationale provided by the Air Force office of primary responsibility (OPR). Therefore, we agree with the opinion and recommendation of the Air Force OPR and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Absent persuasive evidence that he was denied rights to which he was entitled, we find no 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 2010- 01080 in Executive Session on 5 January 2011, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 12 Mar 10, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit B. Letter, ARPC/A1K, dated 16 May 10. Exhibit C. Letter, SAF/MRBR, dated 4 Jun 10. Exhibit E. Letter, Applicant, dated 6 Jul 10. Panel Chair