RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-02681

	COUNSEL: NONE
	
			HEARING: YES

APPLICANT REQUESTS THAT:

His record reflect to the grade of captain.

APPLICANT CONTENDS THAT:

He was entitled to a retroactive promotion to the grade of captain and the Board should correct this oversight.  He completed 18 years of honorable service in which he had six military occupation specialty ratings.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 6 Mar 59, the Air Reserve Records Center notified the applicant of his first non-selection to the grade of captain.

On 31 Oct 60, the Air Reserve Records Center notified the applicant of his second non-selection to captain and he would be discharged on 14 Jan 61.

On 25 Jan 61, he received an honorable discharge from the Air Force Reserve in the grade of first lieutenant.  

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

AIR FORCE EVALUATION:

ARPC/PB recommends denying the application.  The applicant met two captain promotion boards and was not selected.  Based on his two deferrals the applicant was discharged from the Air Force Reserve in accordance with Title 10 United States Code 8362.  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 12 Mar 18 for comment (Exhibit D), and the applicant replied on 20 Mar 18.  In his response, the applicant reiterated he had 18 years of service and his time in grade alone should have moved him up a grade.  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 ARPC/PB 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).  Moreover, the applicant has offered no plausible reason for the delay in filing the application.  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.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved.  Therefore, the request for a hearing is not favorably considered.

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-2017-02681 in Executive Session on 8 May 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 6 May 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/PB, dated 12 Jan 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 12 Mar 18.
Exhibit E:	Applicant’s response, dated 20 Mar 18.

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-2017-02681.