RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03514

XXXXXXXXX	COUNSEL: NONE	

	HEARING: NO

APPLICANT REQUESTS THAT:

His grade at discharge reflect staff sergeant.

APPLICANT CONTENDS THAT:

He was not able to sign for his promotion, as he was busy completing finance and reenlistment paperwork while in Colorado Springs.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force Airman Second Class.  

The applicant’s records were destroyed in the 1973 fire at NPRC; however, he provides copies of his DD Forms 214.  For more information, see the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2SSP recommends denying the application.  The applicant waited 55 years after his discharge to petition the Board.  His inexcusable delay has also caused prejudice to the Air Force as relevant records have been destroyed or are no longer available.  The applicant did not provide documentation that reflects a promotion to Staff Sergeant, nor was any found in his records.  His NPRC records were destroyed in the 1973 fire.  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 3 Oct 17 for comment (Exhibit D), and the applicant replied on 26 Oct 17.  In his response, the applicant contended that he worked hard during his military career and served his country well.  The applicant’s complete response is at Exhibit E.

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/DP2SSP 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.  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-2016-03514 in Executive Session on 19 Jun 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, w/atchs, dated 25 Aug 16.
Exhibit B:	Letter, AFBCMR, dated 9 May 17.
Exhibit C:	Advisory opinion, AFPC/DP2SPP, dated 3 Oct 17.
Exhibit D:	Letter, SAF/MRBC, dated 3 Oct 17
Exhibit E:	Letter, Applicant Rebuttal, dated 26 Oct 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, regarding Docket Number BC-2016-03514.