RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2020-00640

XXXXXXXXXXXXXX	COUNSEL:  NONE
	
	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

Correct his military record to reflect he was promoted to technical sergeant (E-6) prior to his retirement.

APPLICANT’S CONTENTIONS

He should have been promoted to technical sergeant prior to his retirement.  In a letter to the President of the United States, he joked that he worked with the Democratic Party and the President was a registered Republican, but he did not know politics applied to the service.  The President replied “you’d be surprised.”  He served with pride and feels let down.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force Reserve staff sergeant (E-5).

On 1 Jul 62, according to Reserve Order XXXXX, dated 11 Jun 62, the applicant was assigned to a staff sergeant position.

On 26 Nov 62, the applicant submitted AF Form 1288, Application for Reserve Assignment, to move to a technical sergeant position.

On 12 Dec 62, according to Headquarters, Air Reserve Records Center (ARRC) memorandum, the applicant’s request for reassignment was denied due to his lack of 7-skill level.

On 1 Sep 66, according to AF Form 1098, Personnel Action Request, dated 9 Nov 66, the applicant was awarded a 7-skill level in Air Force Specialty Code 22370.

On 11 Mar 68, the applicant’s former commander, in a memorandum to Commander, ARRC, recommended the applicant’s promotion to technical sergeant.

On 15 Apr 68, via memorandum, the former commander’s recommendation for the applicant’s promotion to technical sergeant (E-6) was denied due to lack of position vacancy.

On 1 Feb 73, according to Reserve Order XXXXX, dated 26 Jan 73, the applicant was assigned to the retired reserve.

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

AIR FORCE EVALUATION

AFRC/A1K recommends denying the application.  A thorough review of the applicant’s personnel records indicates there is no evidence the applicant should have been promoted to technical sergeant prior to his retirement.  The applicant was assigned to a staff sergeant position on 1 Jul 62.  He requested a reassignment to a technical sergeant position via AF Form 1288 dated 26 Nov 62.  The applicant’s request was disapproved via memorandum, dated 12 Dec 62, because the applicant did not have a 7-skill level to qualify him for this position.  The applicant was awarded the 7-skill level via AF Form 1098 dated 1 Sep 66.  In a memorandum dated 11 Mar 68, the applicant’s former commander requested the applicant’s promotion to technical sergeant.  The request was denied as no technical sergeant vacancies were available within the unit.

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 22 Jan 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 AFRC/A1K 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).  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-2020-00640 in Executive Session on 25 Mar 21:

, 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 30 Nov 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFRC/A1K, dated 19 Jan 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 22 Jan 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.