RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-03073

XXXXXXXXXXXXXX	COUNSEL: NONE	 

  	HEARING REQUESTED: YES

APPLICANT’S REQUEST

He be promoted to the grade of chief master sergeant (CMSgt, E-9).  

His DD Form 214, Certificate of Release or Discharge from Active Duty, be amended to show he completed Senior Noncommissioned Officer Academy (SNCOA) and NCOA in-residence and by correspondence.    

APPLICANT’S CONTENTIONS

In 1969, while a staff sergeant (SSgt, E-5), his supervisor discriminated against him and refused to write an airman performance report (APR).  On 24 May 84, the AFBCMR removed the APR and directed he be provided supplemental promotion consideration to all grades.  The AFBCMR also directed his date of rank (DOR) to the grade of technical sergeant (TSgt, E-6) be corrected and he be provided supplemental promotion consideration to all appropriate grades.  The AFBCMR directives came too late and he was honorably discharged on 30 Apr 85.  His records should also show he completed both Senior NCO Academy and NCO Academy in residence.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force senior master sergeant (SMSgt, E-8).    

The applicant provides AFBCMR Directive dated 24 May 84, removing the APR for the period ending 16 Jun 69 and directing he receive supplemental promotion consideration to all grades in which the APR in question was a matter of record.

The applicant provides AFBCMR Directive dated 4 Apr 85, correcting his DOR to the grade of TSgt as 1 Dec 69 and directing he receive supplemental promotion consideration to all appropriate grades under the Weighted Airman Promotion System (WAPS) based on the adjustment of his DOR to the grade of TSgt.

The applicant provides Extension Course Institute (ECI) certificate of course completion for NCOA correspondence course dated 18 Feb 76.  

The applicant completed NCOA in-residence per the Certificate of Training dated 26 May 78.

The applicant provides ECI diploma dated 10 Jul 78 for completion of SNCOA by correspondence.  

The applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, shows he completed SNCOA by correspondence, Jul 78 and NCOA, May 78.  

Special Order AE-244 dated 1 Nov 81, shows the applicant was promoted to the grade of SMSgt with DOR and effective date of promotion of 1 Nov 81.  

AF Form 1566, WAPS Test Verification, dated 25 Jun 84, shows the applicant was scheduled for WAPS testing for promotion consideration to the grade of CMSgt on 24 Aug 84.

AF Form 1160, Military Retirement Action, dated 23 Apr 05, shows the applicant requested voluntary retirement effective 1 May 85.  

The applicant retired 1 May 85 in the grade of SMSgt with narrative reason for separation of “Voluntary Retirement for Maximum Service Allowed by Air Force Policy.”  He was credited with 28 years and 22 days of service.  

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 denial.  The applicant’s delay regarding a matter dating 34 years has greatly complicated the ability to determine the merits of the application.  Therefore, DP2SPP recommends the request be time barred.  Further, there is no evidence of the applicant applying for supplemental promotion consideration after the AFBCMR directed the applicant be provided promotion consideration on or after 4 Apr 85.  Promotion history files are only maintained for a period of 10 years as outlined in AFMAN 37-139, Records Disposition Schedule.  

The complete advisory opinion is at Exhibit C.  

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 27 Mar 20 for comment (Exhibit D and he responded in a letter dated 27 May 20.  The first time he saw the letter directing he receive supplemental promotion consideration was in 2018.  The letter was found by accident by an archives technician.  He had nothing to do with the 34-year delay and the reason for the delay is that the chief of personnel and his supervisor kept the letter from him.  They discriminated against him just because he is Black.  The AFBCMR recommended he receive supplemental promotion consideration but no one told him and allowed him to separate.  There is official documentation to show he was denied supplemental promotion consideration to the grade of CMSgt.  He was discriminated against and his rights were violated.  Presidents have corrected military records for award of medals and promotions to veterans after 70 years but his request is being time barred just for 34 years.  

The applicant’s complete submission is at Exhibit E.  

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  With respect to the applicant’s request he be promoted to the grade of CMSgt, the Board concurs with the rationale and recommendation of AFPC/DP2SP and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  With respect to the request his DD Form 214 be amended to include SNCOA and NCOA completion in-residence and by correspondence, based on the evidence it appears his DD Form 214 is correct as reflected.  The Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2019-03073 in Executive Session on 15 Apr 20 and 20 Oct 20:

 , Panel Chair
 , Panel Member
 , Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 29 May 19.  .
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:  Advisory opinion, AFPC/DP2SPP, 27 Mar 20.
Exhibit D: Notification of advisory, Letter, SAF/MRBC, 27 Mar 20.
Exhibit E:  Applicant’s response, dated 27 May 20.  

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings pertaining to Docket Number BC-2019-03073, as required by AFI 36-2603, paragraph 4.11.9.