RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00182

XXXXXXXXXXXXXX	COUNSEL: NONE	 

  	HEARING REQUESTED: NO
	 
APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, be amended to show his grade as sergeant (E-4), instead of senior airman (E-4).  

APPLICANT’S CONTENTIONS

He was awarded noncommissioned officer (NCO) status in 1982.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force SrA.  

On 1 Sep 82, he was appointed in the grade of sergeant per the Certificate of Appointment.  

His AF Form 418, Selective Reenlistment Program, dated 3 Jan 83, shows he was not selected for reenlistment and his NCO status was vacated.  

On 7 Jan 83, he was honorably discharged in the grade of SrA with Reenlistment Eligibility (RE) code “2X,” denied reenlistment.  He was credited with 4 years of active duty service.  For more information, see the excerpt of the applicant’s record at Exhibit B.   

APPLICABLE AUTHORITY

AFR 35-16, Appointment to Noncommissioned Officer Status, para 8-3, member must meet the following conditions before being eligible for NCO Status: (1) Twelve months’ time in grade as a SrA. (2) Complete NCO Orientation Course. (3) Show potential to meet and maintain additional responsibilities. (4) Have a record that would qualify for reenlistment. (5) Be recommended for NCO status by their supervisor. (6) Be approved for appointment to NCO status by their unit commander.

AFR 35-16, USAF Reenlistment and Retention Program, Table 6.2, RE Code “2X,” First-term airman considered but not selected under SRP, or has been denied appointment to NCO status or had NCO status vacated.  Considered but not selected under the SRP.  

AIR FORCE EVALUATION

The BCMR Staff did not provide an advisory for this case.  

FINDINGS AND CONCLUSION

1.  The application was not timely filed, but it is in the interest of justice to excuse the delay.

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.  The Board finds no evidence of an error or injustice to amend his DD Form 214 to show his grade as sergeant.  In this respect, the Board does not dispute the applicant received his NCO status appointment on 1 Sep 82; however, his AF Form 418 dated 3 Jan 83, indicates his NCO status was vacated.  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).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  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.

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-2020-00182 in Executive Session on 26 Aug 20:

 , 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/atch, dated 25 Oct 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.

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