RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-00131 

  						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

He be promoted to E-8/Senior Master Sergeant in accordance with his state promotion order.  

APPLICANT CONTENDS THAT:

He was an Air National Guardsman who was medically retired while on active duty.  Upon processing for retirement, he was given a promotion order to E-8/Senior Master Sergeant signed by the South Carolina Adjutant General.  He truly believes his performance and recognitions received during his military career justify the promotion.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 10 Jul 79.  

On 10 May 84, the applicant was placed on the Temporary Disability Retired List (TDRL) as a Senior Airman and credited with 4 years, 10 months and 1 day of active service.  

On 11 Oct 85, the applicant was removed from the TDRL and found physically fit for reenlistment and subsequently served in the Air National Guard.  

On 27 Apr 10, the applicant was issued a DD Form 214, Certificate of Release or Discharge from Active Duty, and an NGB Form 22, Report of Separation and Record of Service, both reflecting a rank of Master Sergeant.  

On 28 Apr 10, the applicant received a permanent disability retirement as a Master Sergeant, and was credited with 14 years, 10 months, and 2 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:

NGB/A1PS recommends closing the case without further action as the applicant acknowledged that his promotion order received at the time of his retirement was an honorary title bestowed on South Carolina Guardsmen upon retirement by the State Adjutant General, and it is not an official record.  

A complete copy of the NGB/A1PS 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 20 Jun 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.  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 RECOMMENDS 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-2016-00131 in Executive Session on 9 May 17 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 21 Dec 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, NGB/A1PS, dated 31 May 16, w/atch.
	Exhibit D.  Letter, AFBCMR, dated 20 Jun 16.

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 matter.