RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04492

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

 Block 4a of his DD Form 214, Certificate of Release or Discharge from Active Duty be corrected to reflect Sergeant (Sgt) versus Senior Airman (SrA).

APPLICANT CONTENDS THAT:

 He completed the Noncommissioned Officer (NCO) Preparatory Course and was awarded the rank of Sgt.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 22 Jun 87, according to the letter for recommendation for discharge, his NCO status was vacated 1 Jun 87 with his new rank being SrA.  The applicant signed the receipt of the letter of notification on the same day.

On 9 Oct 87, the applicant was furnished an honorable discharge in the rank of SrA.  For more information, see the excerpt of key documents of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2SPP recommends denying the application.  The applicant’s request should be time-barred.  Should the Board choose to decide the case, recommend denial of applicant’s request to correct his DD Form 214 to reflect Sgt versus SrA since his rank was vacated on 1 Jun 87. 

The applicant’s NCO status was vacated due to conduct unbecoming an NCO.  On two occasions during a domestic disturbance assault charges were filed.  The applicant’s new date of rank to SrA (E4) is 1 Jun 87.  The vacation of NCO status letter is not on file in the applicant’s record; however, it is mentioned in several official documents within his record, as well as, by the applicant in his application dated 25 May 88 (Docket # 88-03222).

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 17 Oct 17 for comment (Exhibit D), and the applicant replied on 16 Nov 17.  In his response, the applicant contended that there is no record of vacation of NCO status.  Without the vacation letter it is evident his NCO status was not vacated.  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.  We note the applicant argues there is no record of vacation of NCO so it is evident his NCO status was not vacated.  However, the Board concurs with the opinion and recommendation of AFPC/DP2SPP 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-2016-04492 in Executive Session on 08 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, w/atchs, dated 2 Nov 16.
Exhibit B:	C File from related case and Master Personnel Records extract.
Exhibit C:	Advisory opinion, AFPC/DP2SPP, dated 17 Jul 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 17 Oct 17.
Exhibit E:	Applicant’s response, dated 16 Nov 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 for Docket Number BC-2016-04492.