RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03795

XXXXXXXXXXXX	COUNSEL: NONE	

	HEARING: NO	

APPLICANT REQUESTS THAT:

His grade at discharge show Staff Sergeant.
 
APPLICANT CONTENDS THAT:

While on terminal leave, he was selected for promotion to Staff Sergeant on 1 May 81.  He wants the correction to be made so that his correct grade will be reflected on his burial stone.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force Sergeant.  

DD 214, Certificate of Release or Discharge from Active Duty, with a separation date of 15 May 81, shows his grade as Sergeant.

The applicant provides a DD Form 256AF, Honorable Discharge Certificate, dated 13 Apr 83, signed by Air Reserve Personnel Center commander, which reflects the grade of Staff Sergeant.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DPSOE recommends denying the application.  The applicants Weighted Airman Promotion System (WAPS) file reflects he was considered and selected for promotion to SSgt during cycle 81B5. He received promotion sequence number (PSN) 9354.0 which incremented 1 May 81. However, there does not exist any documentation recommending him for promotion or an order promoting him to Staff Sergeant.  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 15 Sep 17 for comment (Exhibit D), and the applicant replied on 13 Oct 17.  In his response, the applicant contended he did have promotion orders that reflected promotion to Staff Sergeant, but subsequently lost them.  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/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).  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-2016-03795 in Executive Session on 21 Aug 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 12 Sep 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPSOE, dated 6 Jan 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 15 Sep 17.
Exhibit E:	Applicant’s response, dated 13 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.