RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05126 (DECEASED) COUNSEL: NONE (APPLICANT) HEARING DESIRED: YES _______________________________________________________________ APPLICANT REQUESTS THAT: Her deceased father’s DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect his grade as captain (0-3), rather than first lieutenant (O-2). _______________________________________________________________ APPLICANT CONTENDS THAT: She has a letter dated 17 May 65, from Headquarters, Air Reserve Records Center, which addresses the deceased former service member as a captain. The applicant’s complete submission, with attachments, is at Exhibit A. _______________________________________________________________ STATEMENT OF FACTS: On 13 Mar 56, he was commissioned a first lieutenant in the Air Force Reserve. On 12 Sep 57, he was released from active duty in the grade of first lieutenant (O-2) and transferred to the Air Force Reserve. On 3 Jul 62, the deceased former service member was promoted to the grade of captain (O-3), effective 18 Jun 61. On 17 May 65, the deceased former member was relieved from his assignment and honorably discharged from all appointments in the U.S. Air Force. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOO recommends denial indicating there is no evidence of an error or injustice. The deceased former service member was selected for promotion to the grade of captain (O-3) after he was discharged from active duty; therefore, his DD Form 214 appropriately reflects the grade in which he last served on active duty as first lieutenant (O-2) and cannot be changed to reflect the grade of captain (O-3). A complete copy of the AFPC/DPSOO evaluation is at Exhibit C. _____________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 25 Jan 13 for review and comment within 30 days (Exhibit D). As of this date, this office has received no response. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the deceased former member has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. 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 DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-05126 in Executive Session on 18 Jul 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated, 21 Oct 12. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOO, dated 7 Jan 13. Exhibit D. Letter, SAF/MRBR, dated 25 Jan 13. Panel Chair