RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04107 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect the pay grade of technical sergeant (E-6) instead of staff sergeant (E-5). APPLICANT CONTENDS THAT: He was selected for promotion to the grade of E-6 in 1987. However, he was not able to be advanced in grade due to the reduction in force. The applicant’s complete submission is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 5 August 1977. On 8 December 1982, the applicant was notified of his commander’s intent to impose NJP under Article 15 of the Uniform Code of Military Justice (UCMJ) for being drunk and disorderly on station, in violation of Article 134, of the UCMJ. On 13 December 1982, after consulting with legal counsel, the applicant waived his right to trial by court-martial and elected to submit matters on his behalf. On 15 December 1982, the commander found the applicant committed the offense alleged and imposed punishment of reduction to the grade of airman first class (E-3), suspended until 14 June 1983, forfeitures of $50.00 pay per month for two months, and 14 days extra duty. On 20 December 1982, the record was reviewed and determined to be legally sufficient. On 11 January 1983, the applicant was denied the award of the Air Force Good Conduct Medal (AFGCM). On 21 March 1983, the applicant was notified his promotion to the grade of E-5 would be withheld from 1 April 1983 until 23 June 1983. Specifically, his promotion was withheld due to the receipt of a suspended bust, as a result of a drunk on station incident. On 15 June 1983, the applicant was notified his withhold or deferral status was terminated and he could assume the grade of E-5, with a date of rank, effective 1 April 1983. The applicant’s AF Form 910, TSGT, SSGT, SGT Performance Report, rendered for the period 17 July 1985 thru 16 July 1986, indicates he was recently promoted to E-6. According to AFPC/DPSOE, the applicant was considered and tentatively selected for promotion to technical sergeant during cycle 87A6, with a promotion selection date of 1 September 1987. On 19 February 1987, the applicant was recommended for or requested early separation. He waived the 45 day advance notification requirement for separation and requested to be allowed to separate on 2 March 1987. On 2 March 1987, the applicant was furnished an honorable discharge with a narrative reason for separation of “Early Separation Program-Strength Reduction,” and was issued a reentry code of 2H (participating in the alcohol and drug abuse prevention and treatment (ADAPT) program for alcohol, or has failed to complete the program) and separation program designator (SPD) code of J22 (discharged: early separation program – strength reduction). He was credited with 9 years, 3 months, and 11 days of active service The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSOR recommends denial. It has been almost 27 years since the applicant was discharged from the air force and within this time period his records have become absent of any specific documentation regarding his discharge. However, based on the presumption of regularity and the limited documentation on file in the master personnel records, the discharge -- to include the SPD code, narrative reason for separation and character of service was appropriately administered and within the discretion of the discharge authority. Also, the applicant did not provide any evidence of an error or injustice in the discharge processing. Nevertheless, the applicant’s contention surrounds his grade at the time of discharge and according to AFPC/DPSOE, since his date of separation consummated prior to his projected promotion; he was ineligible to assume the higher grade. A complete copy of the AFPC/DPSOR evaluation is at Exhibit C. AFPC/DPSOE recommends denial. The applicant was no longer serving on active duty when his promotion sequence number (PSN) incremented. In accordance with AFR 39-29, Promotion of Airmen, an airman is eligible for promotion provided he or she is recommended, in writing, by the promotion authority, was serving on active duty as of the promotion eligibility cutoff date (PECD), and has served in continuous active duty until the effective date of promotion. Since the applicant separated six months prior to the effective date of his promotion to E-6, he was ineligible for promotion. A complete copy of the AFPC/DPSOE evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 30 April 2015 for review and comment within 30 days (Exhibit E). 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. The 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, Air Force Board for Correction of Military Records. The applicant has not shown a plausible reason for the delay in filing on a matter now dating back more than 27 years, which has greatly complicated our ability to determine the merits of the application. Therefore, we are not persuaded 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-2014-04107 in Executive Session on 24 June 2015 under the provisions of AFI 36-2603: Panel Chair Member member The following documentary evidence was considered: Exhibit A.  DD Form 149, dated 2 October 2014. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, AFPC/DPSOR, dated 21 January 2015. Exhibit D.  Memorandum, AFPC/DPSOE, dated 31 March 2015. Exhibit E.  Letter, SAF/MRBR, dated 30 April 2015.