RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02875

						COUNSEL:  NONE

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

His WD AGO Form 53-55, Enlisted Record and Report of Separation Honorable Discharge, Block 3. Grade, be corrected to reflect “staff sergeant” rather than “private”.  

APPLICANT CONTENDS THAT:

His application should be considered because he is currently planning for his military burial.  

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Army Air Force on 11 January 1944.  

On 22 April 1946, the applicant was furnished an honorable discharge, and was credited with 2 years, 3 months, and 12 days of active service.   

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.  

AIR FORCE EVALUATION:

AFPC/DP3SP recommends the applicant’s request be time barred.  Should the Board choose to decide the case on its merit, recommendation is to deny the applicant’s request due to the lack of official documentation.  Based on the extremely limited records because of the damages caused by the fire at the National Personnel Records Center (NPRC) in 1973, and the passage of time, it is not possible to determine whether the applicant’s rank at the time of discharge was in error.  In absence of any documentation to the contrary, it must be assumed he was discharged in the correct grade.  In short, the Air Force asserts that the applicant’s delay regarding a matter now dating back more than 69 years has greatly complicated its ability to determine the merits of his position.  

The applicant provided a Report of Separation, which reflects the rank of S/Sgt in block 38 (highest grade held), as well as, a certificate for the issuance of shoes that reflects his rank as “SSgt”, and a Certificate of Discharge with a rank of Private.  Although the applicant’s Report of Separation reflects highest grade held as SSgt, there are no documents to indicate why his rank at the time of discharge was private.  

A complete copy of the AFPC/DP3SP evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 8 December 2015 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:

1.  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.  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.  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.  

2.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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-2015-02875 in Executive Session on 8 September 2016 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 22 April 2012, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 6 November 2015.
	Exhibit D.  Letter, AFBCMR, dated 8 December 2015.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Boards’ proceedings in the above entitled matter.