RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00420

XXXXXXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO 

APPLICANT’S REQUEST

His military records corrected to reflect his rank of colonel (O-6) he earned from the promotion board in 1998.

APPLICANT’S CONTENTIONS

In 1998 he met the O-6 promotion board and was promoted.  However, he had established his retirement date four months into the one year wait to pin-on.  Had he known he had only eight months until pin-on, he would have gladly remained on active duty for the additional two years or more to retire as an O-6.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force lieutenant colonel (O-5).  

On 17 Oct 78, the applicant entered the Regular Air Force.

On 28 Feb 99, the applicant was relieved from active duty and retired effective 1 Mar 99, having served 20 years, 4 months, and 14 days active 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/DP2SP recommends denying the application.  In accordance with AFI 36-2501, Officer Promotions and Selective Continuation, dated 6 Mar 98, the applicant was ineligible for the CY98C Colonel Line of the Air Force (LAF) Board that convened on 1 Dec 98.  Specifically, eligible officers had to have a Date of Separation (DOS) of 1 Mar 99 or later; the applicant’s DOS was 28 Feb 99.  

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 Nov 21 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 AFPC/DP2SP 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-2020-00420 in Executive Session on 1 Feb 22:

, 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 19 Nov 19 and 9 Jan 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP2SP, w/atch, dated 24 Nov 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 27 Nov 21.

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.