RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04757
	
XXXXXXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His DD Form 214, Report of Separation from Active Duty, be corrected to indicate his proper rank.

APPLICANT CONTENDS THAT:

He would like the correct rank reflected on his burial headstone.  He was promoted to the grade of sergeant (E-4); however, President Nixon froze all paygrade increases while he was on active duty.  He continued to serve in the Air Force Reserve, but never received his promotion. The applicant’s complete submission, with attachment, is at Exhibit A.

STATEMENT OF FACTS:

On 8 Nov 71, the applicant entered the Regular Air Force in the grade of airman basic (E-1), and was progressively promoted to the grade of airman first class (E-3) with date or rank of 1 Jun 72. 

On 1 Oct 73, he was released from active duty in the grade of airman first class and transferred to the Air Force Reserve [Air National Guard (ANG) Reserve of the Air Force] effective 2 Oct 73.

On 3 Feb 74, the applicant was honorably discharged from the ANG in the grade of airman first class.  For more information, see the excerpt 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 military record does not contain evidence to indicate he was selected or promoted to the grade of sergeant, nor does he provide any official documentation in support of his contention. 

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 11 Dec 17, for comment (Exhibit D), 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 that the applicant is not the victim of an error.  The Board concurs with AFPC/DP2SPP and finds 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 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 AFBCMR Docket Number BC-2016-04755 in Executive Session on 12 Apr 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 21 Nov 16.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, AFPC/DP2SPP, dated 22 Nov 17.
Exhibit D: Notification of Advisory, AFBCMR to applicant, dated 11 Dec 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.