RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04839

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His record be corrected to show he was promoted to the grade of staff sergeant (SSgt, E-5).

APPLICANT CONTENDS THAT:

He was recommended for promotion on his performance reports, but instead was offered an early discharge.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 6 Jun 69 in the grade of Airman Basic (AB, E-1).

According to a Statement of Intent to Separate, dated 24 Jan 73, the applicant elected to be separated under the provisions of the Air Force Early Termination of Service (ETS) Roll-Up program.

On 14 Mar 73, the applicant received an honorable discharge, and was credited with three years, nine months, and nine days of total 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 denial indicating the request is untimely.  DP3SP were unable to find any official documentation (promotion orders) in the applicant’s record reflecting his selection to the rank of SSgt.  Additionally, DP3SP were unable to verify whether the applicant was considered for promotion to SSgt, or if his total promotion points would have rendered him a select during a particular cycle, as promotion history files are only maintained for a period of 10 years as outlined in AFR 4-20, Table 35-12, Rule 29, Records Disposition Schedule.  Ten years is generally considered an adequate period to resolve any promotion inquiries or concerns.  

On 22 Jul 69, the applicant was promoted to Airman E2 (Amn).  On 1 Jan 70, he was promoted to Airman First Class (A1C, E-3), and on 1 Jun 71, he was promoted to Sergeant (Sgt, E-4).

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that he received a telephone call from someone asking him if he would like to receive and early discharge.  He was told that the Vietnam War was ending and they needed the barracks space, so he chose to be discharged.  He further states that his duty performance and military conduct was without flaws and he never received any complaints or reprimands.  

A complete copy of the applicant’s response, with attachment, is at Exhibit E.

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.  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.  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-2015-04839 in Executive Session on 9 Mar 17 under the provisions of AFI 36-2603:

					   , Panel Chair
					  , Member
					  , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 9 Nov 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 13 Jun 16, w/atch.
	Exhibit D.  Letter, AFBCMR, dated 14 Jun 16.
	Exhibit E.  Letter, Applicant, dated 20 Jun 16, w/atchs.

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 Board's proceedings in the above entitled matter.