RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-04345 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

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THE APPLICANT REQUESTS THAT: 

 

His pay grade be changed to technical sergeant (TSgt/E-6), 
effective 8 Feb 99, with all back pay and allowances. 

 

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THE APPLICANT CONTENDS THAT: 

 

He was discriminated against by a senior officer who was in 
charge of the personnel department while serving at an Air 
National Guard (ANG) base in Texas. He notes the senior officer 
was fired due to sexual harassment. His former commander had 
submitted him for promotion to the grade of E6. 

 

The applicant did not submit any documentation to support his 
appeal. 

 

The applicant’s complete submission is at Exhibit A. 

 

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STATEMENT OF FACTS: 

 

The relevant facts pertaining to this application, extracted 
from the applicant’s military records, are contained in the 
letter prepared by the appropriate office of the Air Force. 

 

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THE AIR FORCE EVALUATION: 

 

NGB/A1POE recommends denial, stating, in part, other than his 
own claim that he was discriminated against, saying that the 
commander, “…was finally fired for sexual harassment,” he 
provides no information concerning his discrimination claim. 
Normally, those matters would be investigated and addressed by 
an Equal Employment Opportunity (EEO) complaint and they are not 
in a position to address those claims. In his request, the 
applicant also states that his commander submitted paperwork for 
his promotion but the member does not state when that was or 
provide any documentation to support his claim. In fact the 
applicant’s record reveals that he submitted an application for 

 
transfer to the Retired Reserve, on 29 Jan 99, to be effective, 
8 Feb 99, as a staff sergeant (SSgt/E-5). His retirement 
request was signed by him and his commander whom he states had 
recommended for him for promotion. 

 

The complete NGB/A1PS evaluation, with attachment, is at 
Exhibit C. 

 

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APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 27 May 11 for review and comment within 30 days. 
As of this date, no response has been received by this office 
(Exhibit D). 

 

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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 
their rationale as the basis for our conclusion that the 
applicant has not been the victim of an error or injustice. 
Therefore, in the absence of evidence to the contrary, we find 
no basis to recommend granting the relief sought in this 
application. 

 

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THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of material 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. 

 

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The following members of the Board considered AFBCMR Docket 
Number BC-2010-04345 in Executive Session on 2 August 2011, 
under the provisions of AFI 36-2603: 

 
 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 3 Nov 10. 

 Exhibit B. Letter, NGB/A1PS, dated 2 Mar 11, w/atch. 

 Exhibit C. Letter, SAF/MRBR, dated 27 May 11.