RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-02436 

	COUNSEL: NONE

	HEARING: NO

APPLICANT’S REQUEST.  That his Enlisted Performance Reports (EPRs) for the periods of 12 Oct 01 through 11 Oct 02 and 12 Oct 03 through 21 May 04 be upgraded from a referral report or be voided.

APPLICANT’S CONTENTION.  The non-processing of his original 2004 application for correction/removal of EPRs constitutes denial of due process and resulted in a forced retirement, which led him to a difficult transition to civilian life.  The APPLICANT’S complete submission is at Exhibit A.

STATEMENT OF FACTS.  The APPLICANT is a retired Air Force Technical Sergeant.  SAF-IG was contacted to determine if the APPLICANT file a complaint with their office; however, they were unable to identify the APPLICANT in their database.  For more information, see the excerpt of the APPLICANT’S record at Exhibit B and the advisory at Exhibit C.  The APPLICANT sent a letter to the Office of the Secretary of Defense on 23 May 16, see Exhibit D.  

AIR FORCE EVALUATION.  AFPC/DP2SPE recommends denying the application.  No compelling evidence has been provided to substantiate an error or injustice with regard to the referral EPRs in question.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION.  The Board sent a copy of the Air Force evaluation to the APPLICANT on 1 Dec 17 for comment (Exhibit E), but has received no response.  

THE BOARD CONCLUDES:

1.  The application was not timely filed.

2.  The APPLICANT exhausted all available avenues of non-judicial relief before applying to the Board.  

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the APPLICANT is not the victim of an error/injustice/error and injustice.  The Board concurs with AFPC/ DP2SPE and finds that a preponderance of the evidence does not substantiate the APPLICANT’S contentions.  The Board also notes 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, Air Force Board for Correction of Military Records (AFBCMR).  While the APPLICANT asserts a date of discovery less than three years before the Board’s receipt of the application, the Board does not find the assertion reasonable.  Moreover, the APPLICANT has offered no plausible reason for the delay in filing the application.  Therefore, the Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.

THE BOARD RECOMMENDS:  The APPLICANT be informed that the application was not timely filed; that it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION: The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered AFBCMR Docket Number BC-2016-02436 in Executive Session on 13 Mar 18:

Panel Chair
Panel Member
Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A: APPLICANT’S application, DD Form 149, dated 23 May 16, w/atchs.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, AFPC/ DP2SPE, dated 13 Oct 16.
Exhibit D. Direct Submission to OSD, Applicant, dated 23 May 16.
Exhibit D: Notification of Advisory, SAF/MRBR to APPLICANT, dated 1 Dec 16.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.