RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2020-00293

	COUNSEL:  NONE

	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

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

	a.  His rank as a staff sergeant (SSgt/E-5) versus senior airman (SrA/E-4).

b. The Meritorious Unit Award (MUA). (Referred to AFPC Recognitions Branch; No Board action required at this time).

APPLICANT’S CONTENTIONS

He was discharged as an E-5, SSgt, but his DD Form 214 shows his rank as an E-4, SrA.  He wants his DD Form 214 to reflect his proper rank,

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

DD Form 214, provided by the applicant for the period 6 January 1988 to 29 July 1991, indicates his rank/grade as SrA/E-4.

AF Form 910, Enlisted Performance Report (AB thru TSGT), rendered for the period 26 June 1990 through 25 June 1991, reflects the applicant’s rank as SrA

NGB Form 438, Honorable Discharge, reflects on 20 January 1995, the applicant was honorably discharged from the Air National Guard, as a SSgt.

ANG/USAFR Point Credit Summary, dated 25 March 1995, reflects the applicant’s rank as SSgt.

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

AIR FORCE EVALUATION

NGB/A1PP recommends against changing the applicant’s grade and rank.  The applicant’s DD Form 214 was issued while he was assigned to the Regular Air Force.    If he was promoted after the DD Form 214 was issued the request to change, his rank would not be valid.  The applicant may have been promoted after the DD Form 214 was issued.  However, there is no evidence.  Furthermore, a review of applicant’s military service record did not reveal a DD Form 4, Enlistment/Reenlistment Document - Armed Forces of the United States, accessing him into the Air National Guard; an NGB Form 22, Report of Separation or Record of Service, separating him from the Air National Guard; or an order promoting him to SSgt/E-5.  His request cannot be favorably considered without these documents.

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 26 June 2020 for comment (Exhibit D), but has received no response.

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.  The Board concurs with the rationale and recommendation of NGB/A1PP and finds 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 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-2020-00293 in Executive Session on 20 August 2020:

, 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 14 Nov 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1PP, dated 19 Jun 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 26 Jun 20.

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.