RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-04875

XXXXXXXXXX	COUNSEL: NONE	

	HEARING: NO	

APPLICANT REQUESTS THAT:

His rank of Airman First Class (E-4) be restored and, if possible, he receive a promotion to the rank of Staff Sergeant (E-5).

APPLICANT CONTENDS THAT:

While he failed his five-level test twice, he only remembers taking it one time while he was in temporary duty status.  Additionally, he did not know of any available study material that could have helped him pass the test.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant served in the regular Air Force from 12 Mar 63 to 25 Jan 67.  His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, indicates his rank at the time of his honorable discharge from active duty was Airman Second Class (E3).  The applicant continued service in the Air Force Reserve, from which he received an honorable discharge on 11 Mar 69 in the grade of Airman First Class.  At that time, “Airman First Class” referred to the fourth enlisted grade (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.  Although the applicant requests “restoration” to the rank of E4, there is no evidence in his record that he was ever promoted to that grade while on active duty.  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 14 Jun 18 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, the Board concludes that the applicant is not the victim of an error or 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 discovering the alleged error or injustice, 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-2017-04875 in Executive Session on 27 Sep 18:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 2 Nov 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SPP, dated 18 Apr 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 14 Jun 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.