RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-01228 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His record receives supplementation promotion consideration to the grade of chief master sergeant (E-9) for promotion cycles 00E9 and 01E9. APPLICANT CONTENDS THAT: His AF Form 911, Enlisted Performance Report (MSgt thru CMSgt), rendered 2 Apr 99 through 1 Apr 00, was not in his promotion selection folder until 21 Dec 01, as evidenced by a “HQ AFPC/DPPPEP” date stamp. This resulted in an incomplete record meeting for both the 2000 and 2001 promotion boards. He believes this caused his non-selection for promotion. He was not aware of this error until he requested and received a copy of his SNCO Promotion Selection Folder on 14 Feb 15. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 5 Oct 73, the applicant entered the Regular Air Force. On 31 Dec 04, the applicant was relieved and retired, effective 1 Jan 05, and was credited with 21 years, 10 months, and 15 days of active service. The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D. AIR FORCE EVALUATION: AFPC/DPSIDE recommends denial indicating there is no evidence of an error or an injustice. Upon review of the applicant’s request, it was determined there is no action required as the Enlisted Performance Report (EPR) in question is reflected in his official military personnel records. A complete copy of the AFPC/DPSIDE evaluation is at Exhibit C. AFPC/DP3SP recommends denial indicating there is no evidence of an error or an injustice. They also note the request is not timely. A review of the applicant’s Weighted Airman Promotion System (WAPS) file reflects the contested report was indeed used in the promotion process for cycles 00E9 and 01E9. His EPR score for cycle 00E9 was 135.00, his Board score was 375.00, his total score was 621.39, and the score required for selection in his Air Force Specialty (AFS) was 641.59. His EPR score for cycle 01E9 was 135.00, his Board score was 367.50, his total score was 635.60, and the score required for selection in his AFS was 642.98. AFI 36-2502, Airman Promotion Program, 1 Jul 99, states Airmen must meet eligibility criteria outlined in para 2.3.4 and have an EPR closing out within 12 months of the promotion eligibility cutoff date (PECD). The PECD for cycles 00E9 and 01E9 was 31 Jul 00 and 31 Jul 01, respectively. Had the contested report not been in the applicant’s record at the time of the 00E9 Board, he would not have been eligible for promotion consideration or receive a Board score/score notice. The applicant contends the EPR in question was not seen by the Board based on the date stamp at the bottom of the report. The AFPC Evaluations Branch confirmed the date and signature by “HQ AFPC/DPPPEP” indicated that this particular report was a “corrected copy.” Based on this information, a review of the promotion cycle database was conducted and a spreadsheet entitled “Disapproved Supplemental Requests” dated 12 Jan 02 was discovered. The spreadsheet included the applicant’s name, reason for the supplemental request (his EPR), and the requested cycles for supplemental consideration (00E9 & 01E9). A complete copy of the AFPC/DP3SP evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 27 Jan 16 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. FINDINGS AND CONCLUSIONS OF THE BOARD: Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. After a careful review of the applicant's contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude that he is the victim of an error or injustice. The advisory and previous records show that the EPR in question was, in fact, counted for credit at the promotion boards the applicant would like to revisit. We also note the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603. While the applicant claims a date of discovery of less than three years prior to receipt of the application, we believe a reasonable date of discovery was more than three years prior to receipt of the application. In fact, the applicant filed a request for a supplemental promotion board review that was denied in January 2002. Thus, the applicant specifically knew of and acted upon the alleged injustice or error. There is no evidence before the Board to show an injustice or error, given the fact that the EPR in question was included in the record at the pertinent times the applicant was considered for promotion. Therefore, because we do not find it would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application. Accordingly, we find the application untimely. 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-2015-01228 in Executive Session on 1 Mar 16, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-01228 was considered: Exhibit A.  DD Form 149, dated 19 Mar 15, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, AFPC/DPSIDE, dated 4 Dec 15. Exhibit D.  Memorandum, AFPC/DP3SP, dated 16 Dec 15. Exhibit E.  Letter, SAF/MRBR, dated 27 Jan 16.