RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-00040

	COUNSEL:  NONE
	
	HEARING:  NO

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, block 4b, Pay Grade, be corrected to reflect sergeant (E-5).

APPLICANT CONTENDS THAT:

His pay grade should reflect sergeant (E-5).  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant was discharged from the Air Force as a sergeant (E-4).  According to DD Form 1599, Certificate of Appointment, the applicant was appointed a Noncommissioned Officer (NCO) in the grade of sergeant, on 1 Mar 87.  The applicant’s DD Form 214, reflects he completed the NCO Preparatory Course in Aug 86.  On 15 May 87, the applicant was released from active duty in the grade of sergeant (E-4).  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 grade of sergeant had a designated pay grade of E-4 at the time of the applicant’s discharge from active duty.  Air Force leadership decided that in order to become an NCO, E-4s must first serve on active duty in that grade for one year, attend NCO Preparatory Course, and be recommended by their commander.  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 28 Nov 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 and injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2SPP 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.

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-2017-00040 in Executive Session on 24 May 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 29 Dec 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, SAF/MRBC to applicant, dated 28 Nov 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.