RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-01551

XXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Correct the service member’s rank to captain.

APPLICANT’S CONTENTIONS

Her deceased husband served in both the Army Air Forces and the Air Force.  His discharge paperwork does not reflect the rank of captain; however, she has two certificates that do reflect his rank as captain.  She discovered the discrepancy after his death on 7 Aug 17 and would like the full honor of his rank be reflected on his tombstone.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force airman second class (A/2C).

On 19 Feb 42, according to WD AGO Form 53, Enlisted Record and Report of Separation Honorable Discharge, the service member entered the Army Air Forces and was honorably discharged on 27 Feb 46 in the grade of private first class and credited with 3 years and 26 days continental service.

On 24 Jul 50, according to DD Form 214, Report of Separation from the Armed Forces of the United States, the service member entered the Air Force in the grade of airman third class and was discharged on 30 Nov 52 in the grade of airman second class (A/2C(T)) for physical disability.

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

APPLICABLE AUTHORITY

In accordance with AFI 36-3202, Separation Documents, the grade or rank entered on the DD Form 214 should reflect the active duty grade held at separation.

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.  The Board finds the applicant has not established the service member served in the grade of captain.  Specifically, the service member’s official military records reflect he was discharged from the Air Force in the grade of airman third class and no other documents contained in his records indicate he was ever promoted to the grade of captain.  It appears the unofficial certificates provided by the applicant, erroneously identified the service member’s grade as “captain.”  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-2020-01551 in Executive Session on 7 Jan 21:

Panel Chair 
Panel Member
Panel Member

A majority of the panel voted against correcting the record.  Mr. Parker voted to correct the record.  Mr. Parker did not provide a minority opinion.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 5 Mar 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.

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.