RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03847

   	COUNSEL: NONE

	HEARING: NO

APPLICANT’S REQUEST.  Change his DD Form 214, Certificate of Release or Discharge from Active Duty, to reflect his retired grade as Technical Sergeant (TSgt/E6) instead of Staff Sergeant (SSgt/E/5).  

APPLICANT’S CONTENTION.  His rank is incorrect on his DD Form 214.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS.  Under Special Order No. ACD-00777, dated 10 Mar 08, the applicant was permanently disability retired in the grade of TSgt, effective 19 Apr 08.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION.  AFPC/DP2STM recommends denial indicating there is no evidence of an error or injustice.  The governing directive for the DD Form 214 is AFI 36-3202, Table 4, Rule 4, which directs use of the “active duty grade held at time of separation.” On 18 Apr 08, the applicant’s date of separation, he was serving in the grade/rank of “E-5/SSgt.  His DD Form 214 is correct.  His retirement order does state his rank would be “TSgt” in retirement, but retirement status starts after his active duty time.  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 26 Sep 17 for comment (Exhibit D), but has received no response. 

THE BOARD CONCLUDES:

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

2.  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 AFPC Disability Office 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).  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 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-2016-03847 in Executive Session on 21 Mar 18:

	Panel Chair
	Member
	Member

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

Exhibit A: Applicant’s application, DD Form 149, dated 20 Sep 16, w/atchs.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, AFPC Disability Office, dated 1 Dec 16.
Exhibit D: Notification of Advisory, SAF/MRBR to applicant, dated 26 Sep 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.