RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-02215

 					COUNSEL:  NONE

					HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active 
Duty, be corrected to reflect he was retired in the rank of 
First Sergeant/E-8 [sic].  


APPLICANT CONTENDS THAT:

He was promoted to the grade of E-8 while on active duty.

The applicant provides no rationale as to why the Board should 
consider it in the interest of justice to consider his untimely 
application.  

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 21 May 85.

According to his DD Form 214, on 31 Mar 94, he was retired in 
the grade of Technical Sergeant (TSgt, E-6) with narrative 
reason for separation of “Voluntary Retirement-Reduction In 
Force.”  He was credited with 8 years, 10 months and 10 days of 
active service this period.

According to Special Order AC-005285 dated 21 Jan 94, his 
highest grade held on active duty was TSgt.  


AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial stating the request is not timely 
and that there is no evidence of an error or injustice.  The 
applicant held the grade of TSgt at the time of retirement and 
his records and retired pay are correct.

The applicant enlisted in the U.S. Navy from 18 Aug 67 through 
14 Aug 73 and at time of discharge, he held the pay grade of   
E-4.  He also served in the Illinois Army National Guard and was 
separated effective 30 Sep 83 in the grade of Master Sergeant 
(MSgt, E-7) [sic].  On 21 May 85, he enlisted in the Regular Air 
Force in the grade of TSgt.  There is no evidence in his record 
to indicate he held a higher grade than TSgt while serving in 
the Regular component.  On 1 Apr 94, he was retired from active 
duty in the grade of TSgt.  

As stated in 10 U.S.C. § 8961(b), Retired Grade, General Rule, 
unless entitled to a higher grade under some other provision of 
law, enlisted members of the Regular forces retired for other 
than disability, retire in the Regular grade held on the date of 
retirement.  

A complete copy of the AFPC/DPSOR 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 12 Nov 14 for review and comment within 30 days 
(Exhibit D).  As of this date, no response has been received by 
this office.


FINDINGS AND CONCLUSIONS OF THE BOARD:

After careful consideration of applicant’s request and the 
available evidence of record, we find the application untimely.  
Applicant did not file within three years after the alleged 
error or injustice was discovered as required by Title 10, 
United States Code, Section 1552 and Air Force Instruction    
36-2603.  Applicant has not shown a plausible reason for the 
delay in filing, and we are not persuaded that the record raises 
issues of error or injustice which require resolution on the 
merits.  Thus, we cannot conclude it would be in the interest of 
justice to excuse the applicant’s failure to file in a timely 
manner.  


THE BOARD DETERMINES THAT:

The application was not timely filed and it would not be in the 
interest of justice to waive the untimeliness.  It is the 
decision of the Board, therefore, to reject the application as 
untimely.


The following members of the Board considered AFBCMR Docket 
Number BC-2014-02215 in Executive Session on 17 Mar 15 under the 
provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence pertaining AFBCMR Docket 
Number BC-2014-02215 was considered:

	Exhibit A.  DD Form 149, dated 28 May 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSOR, dated 20 Oct 14.
        Exhibit D.  Letter, SAF/MRBR, dated 12 Nov 14.