RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03063

	COUNSEL: NONE	

	HEARING: NO

APPLICANT REQUESTS THAT:

His pay grade in blocks 5a. and 5b.on DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be changed to Staff Sergeant and E5 respectively.

He be given credit for foreign service and have it reflected on DD Form 214.  (WILL BE ADMINISTRATIVELY CORRECTED). 

All medals and decorations awarded be reflected in block 24 on DD Form 214.  (WILL BE ADMINISTRATIVELY CORRECTED).

APPLICANT CONTENDS THAT:

He was promoted to Staff Sergeant while assigned to K.I. Sawyer AFB, MI in 1969.

He served in the Philippines from Jan 68 - Jul 69.

Not all his earned medals and decorations were annotated on DD Form 214.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force Sergeant.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

On 5 May 17, Boots on Ground letter dated 13 Oct 16 was mailed to applicant, see Exhibit D.  

AIR FORCE EVALUATION:

AFPC/DPSOE recommends denying the application.  The applicant did not provide documentation that reflects a promotion to Staff Sergeant, nor was any found in his records.  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 5 May 17 for comment (Exhibit F), but has received no response.

THE BOARD CONCLUDES THAT:

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 or injustice.  The Board concurs with the rationale and recommendation of AFPC/DPSOE 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).  Moreover, the applicant has offered no plausible reason for the delay in filing the application.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay. Therefore, aside from the administrative correction to his foreign service time and the addition of the Air Force Outstanding Unit Award (AFOUA) to his DD Form 214, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed; 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 Docket Number BC-2016-03063 in Executive Session on 15 May 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 22 Jul 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPSOE, dated 25 Oct 16.
Exhibit D:	Admin Correction, AFPC/DPAPP, w/atchs, dated 13 Dec 16.
Exhibit E:	Admin Correction, AFPC/DP1SSP, w/atchs, dated 13 Jan 17.
Exhibit F:	Notification of Advisory, SAF/MRBC to applicant, dated 5 May 17.

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