RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2020-00584

XXXXXXXXXXXXX	COUNSEL:  NONE

	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

His records be corrected to reflect:

1.  His rank as Senior Master Sergeant (SMSgt) versus Master Sergeant (MSgt).

2.  Award of the Meritorious Service Medal (MSM) (Referred to AFPC Recognitions—no Board action required at this time).

APPLICANT’S CONTENTIONS

He tested for promotion to SMSgt and missed promotion by five points, and that five points would have been awarded had his Meritorious Service Medal (MSM) paperwork not been lost and been in his files.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force master sergeant (E-7).

On 2 March 1970, the applicant entered the Air Force and retired on 1 April 1994.

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 denying the application.  Based on the analysis of the facts and information provided there is no evidence of an error or injustice showing the applicant missed promotion to SMSgt by five points.

According to the applicant’s Weighted Airman Promotion System (WAPS) History, he tested for the FY1991S8 promotion cycle on 6 October 1989, and scored 562.34.  The promotion cutoff score was 655.19.  The applicant missed being promoted to SMSgt by 92.85 points.

On 20 May 1991, the applicant tested for the FY1992S8 promotion cycle and scored 592.57.  The promotion cutoff score was 677.50.  The applicant missed being promoted to SMSgt by 84.93 points.

There was no record that the applicant tested for the FY1993S8 promotion cycle.

On 28 October 1992, the applicant tested for the FY1994S8 promotion cycle and scored 611.64, and the promotion cutoff score was 686.74.  The applicant missed being promoted to SMSgt by 75.1 points.

On 18 October 1993, the applicant tested for the FY1995S8 promotion cycle and scored 570.29, and the promotion cutoff score was 682.93.  The applicant missed being promoted to SMSgt by 112.64 points.

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 2 July 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 AFPC/DP2SPP 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-2020-00584 in Executive Session on 4 November 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 3 December 2019.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SPP, dated 9 April 2020.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 20 July 2020.

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.