RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2016-03353

	COUNSEL:  NONE
	
	HEARING:  NO

APPLICANT REQUESTS THAT:

His records be corrected to reflect the rank of Sergeant.

APPLICANT CONTENDS THAT:

He had earned the rank of Sergeant but it was not permitted to him.  He never broke a law while in the military and was an honorable Airman while in the Air Force.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

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

AIR FORCE EVALUATION:

AFPC/DP3SOE recommends denying the application.  The applicant was never selected for promotion to Sergeant and had not previously held the rank of Sergeant.  The complete advisory is at Exhibit C.

AFLOA/JAJM recommends denying the application.  The applicant never held the rank of Sergeant (E-4), but was instead reduced in grade from E-3 to E2 through nonjudicial punishment prior to his discharge.  Additionally, the application is untimely.  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent copies of the Air Force evaluations to the applicant on 20 Oct 17 for comment (Exhibit E), 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 the applicant is not the victim of an error or injustice.  The Board concurs with the rationales and recommendations of AFPC/DPSOE and AFLOA/JAJM and finds 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).  Additionally, the applicant asserts a date of discovery greater than three years before the Board’s receipt of the application.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, 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-2016-03353 in Executive Session on 29 May 18:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, dated 7 May 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPSOE, dated 2 Dec 16.
Exhibit D:	Advisory opinion, AFLOA/JAJM, dated 21 Sep 17.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 20 Oct 17.

Taken together with all Exhibits, this document, Docket Number BC-2016-03353, constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.