RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-05300

XXXXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected as follows:

	b. Item 11 (Primary Specialty) be changed from 4 years and 4 months to 4 years and 6 months. 

	a. Item 4a (Grade, Rate or Rank) be changed from senior airman to sergeant.

APPLICANT CONTENDS THAT:

He served in the Air Force for 4 years, 6 months, and 12 [sic] days and met the prerequisite for holding the grade of sergeant. Therefore, items 4a and 11 are incorrect.  The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former senior airman who served in the Regular Air Force from 9 October 1986 to 21 April 1991.  He was credited with 4 years, 6 months, and 13 days of active service.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory opinions at Exhibits C and D.

AIR FORCE EVALUATION:

AFPC/DP3ST states that the timeframe the applicant served in his primary specialty is correct.  The period 4 years and 4 months is determined by subtracting 2 months from Basic Military Training.  According to AFI 36-3202, Separation Documents, the time the applicant served in his primary specialty is counted in whole months and years.  The complete advisory, is at Exhibit C.

AFPC/DP2SSP recommends denying the applicant’s request to change the rank on his DD Form 214.  The applicant did not meet the prerequisite for appointment to noncommissioned officer (NCO) status.  On 1 June 1976, senior airman and sergeant were both designated as the rank E-4. However, Air Force leadership determined that in order to become an NCO, an E-4 must first serve on active duty in that rank for one year, attend NCO Preparatory Course, and be recommended by their commander.  This was an appointment, not a promotion, and did not change the pay grade (E-4) or rate of pay.  The applicant’s Airman Performance Report (APR) for the period 9 October 1989 thru 8 October 1990 indicates that he declined to attend the NCO Preparatory Course.  In addition, his DD Form 214 , item 14 (Military Education) also supports his decision not to attend the course.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent copies of the Air Force evaluations to the applicant on 21 August 2018, 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 or injustice.  The Board concurs with the rationale and recommendations of AFPC/DP3ST and AFPC/DP2SSP 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, 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).  While the applicant asserts a date of discovery less than three years before the Board’s receipt of the application, the Board does not find the assertion reasonable.  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-2017-05300 in Executive Session on 27 September 2018:

, 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 12 December 1991 [sic].
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3ST, w/atch, dated 23 July 2018.
Exhibit D: Advisory opinion, AFPC/DP2SSP, dated 2 August 2018.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 21 August 2018.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.