RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00965

XXXXXXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His retired pay records be corrected to reflect master sergeant (E-7) instead of technical sergeant (E-6), and he receive the warranted E-7 back pay when corrected.  

APPLICANT’S CONTENTIONS

He has been receiving E-6 retired pay, however, his DD Form 214, Certificate of Release or Discharge from Active Duty, reflects he retired as an E-7.  If his retired E-6 retired pay has been incorrect, he wants the error corrected and receive warranted E-7 back pay.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force E-6.

On 1 Sep 93, per Special Orders No. AC-000923, the applicant was retired in the grade of E-6, having served 20 years, 10 months, and 15 days of service for pay.

On 16 Dec 20, AFPC/DP2SSR-214, issued the applicant a DD Form 215 administratively correcting his current DD Form 214 issued 31 Aug 93, to reflect E-6 instead of E-7 in block 4b. PAY GRADE.  

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

AIR FORCE EVALUATION

AFPC/DP2SPP (Enlisted Promotions), recommends denying the application.  Per the applicant’s Weighted Airman Promotion System (WAPS) History Application, he tested for the FY1991A7 promotion cycle on 29 Jan 90 scoring 275.88, with the promotion cutoff score being 332.60.  The applicant missed being promoted to E-7 by 56.72 points.  On 19 Dec 90, the applicant was non-recommended for promotion for the FY1992A7 promotion cycle due to having an active Unfavorable Information File (UIF) due to financial irresponsibilities.  This rendered the applicant ineligible for promotion.  He retired honorably from Active Duty on 31 Aug 93 as an E-6.

The complete advisory opinion is at Exhibit C.

AFPC/DP2SSR (Mil Retirements & Separations) recommends denying the application.  Per the AFPC/DP2SPP advisory, the applicant was not selected for promotion during the Fy191A7 promotion cycle, and not recommended for promotion during the FY1992A7 promotion cycle due to an active UIF for financial irresponsibilities.  Lastly, Special Order Number AC-000923 dated 24 Oct 92, retired the applicant effective 1 Sep 93 in the grade of E-6, having served 20 years, 10 months, and 15 days for pay purposes.  

The complete advisory opinion is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 17 Jul 20 for comment (Exhibit E), 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 recommendations of AFPC/DP2SPP and AFPC/DP2SRR, 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-2020-00965 in Executive Session on 7 Jan 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 21 Jan 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SPP, dated 20 Apr 20.
Exhibit D:	Advisory opinion, AFPC/DP2SSR, dated 28 May 20
Exhibit E:	Notification of advisory, SAF/MRBC to applicant, dated 17 Jul 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.