RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04729 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His record be corrected to reflect he was promoted to the grade of sergeant (E-4) prior to his discharge. ________________________________________________________________ APPLICANT CONTENDS THAT: His duty performance consistently exceeded that required of his grade and rank. The time in grade he held as an airman first class (E-3) vastly exceeds typical requirements for promotion. His duty performance was above and beyond that normally expected of an E-3 and was largely unsupervised and therefore unrecognized. In support of his request, the applicant provides an expanded statement and copies of his DD Forms 214, Armed Forces of the United States Report of Transfer or Discharge, marriage certificate, a cancelled check, and a photograph of himself receiving an award during the period on question. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application, extracted from the applicant’s military personnel records, are described in the letter prepared by the Air Force office of primary responsibility (OPR) which is attached at Exhibit C. Therefore, there is no need to recite these facts in this Record of Proceedings. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOE recommends the application be denied as untimely; indicating the applicant inexcusably waited over 40 years to assert his claim. The applicant entered active duty as an E-1 on 24 Nov 64 and was progressively promoted to the grade of airman first class (E-3), effective and with a date of rank of 11 Sep 65. He served in Vietnam and was eventually honorably discharged on 22 Nov 68 and was credited with 3 years, 11 months, and 29 days of total active service. Promotions during the timeframe in question were made at the Major Command, unless delegated to the Wing, Group, or Squadron level. Promotion boards selected individuals and the quotas received determined the number that could be promoted. Some career fields received more promotion quotas than others based on vacancies and the needs of the Air Force. To be eligible for promotion to E-4, an individual must have had 8 months time in grade, possess a 3-skill level Air Force Specialty Code (AFSC), and be recommended by the commander. These were the minimum requirements to be considered but in no way ensured or guaranteed a promotion. After a thorough review of the applicant’s records, no documentation was found that indicates he was recommended for, or promoted to, the requested grade. A complete copy of the AFPC/DPSOE evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant contends the time requirements for consideration of his application should be waived as he believes he has suffered an injustice due to being under recognized for his significant contributions during his service. His actions were unique, way above and beyond the call of duty; and to deny his request for promotion just adds insult to injury. His unique accomplishments were worthy of an on the spot field promotion. This was a slap in the face at the time was a big factor in his decision not to reenlist. A complete copy of the applicant’s response is at Exhibit E. ________________________________________________________________ FINDINGS AND CONCLUSIONS OF THE BOARD: After careful consideration of the applicant’s request and the available evidence of record, we find the application untimely. The applicant did not file within three years after the alleged error or injustice was discovered as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36- 2603. The applicant has not shown a plausible reason for the delay in filing, and we are not persuaded the record raises issues of error or injustice which require resolution on the merits. Thus, we cannot conclude it would be in the interest of justice to excuse the applicant’s failure to file in a timely manner. ________________________________________________________________ THE BOARD DETERMINES THAT: The application was not timely filed and it would not be in the interest of justice to waive the untimeliness. It is the decision of the Board, therefore, to reject the application as untimely. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-04729 in Executive Session on 25 Aug 11, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 3 Dec 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOE, dated 27 Jan 11. Exhibit D. Letter, SAF/MRBR, dated 25 Feb 11. Exhibit E. Letter, Applicant, dated 1 Mar 11.