RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2021-02927

XXXXXXXXXXXX	COUNSEL:  NONE

	HEARING REQUESTED:  NO	 

APPLICANT’S REQUEST

The rank on his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, issued 11 September 1970, be changed from sergeant (E-4) to staff sergeant (E-5).

APPLICANT’S CONTENTIONS

During the Vietnam War, he was highly recommended for promotion to E-5; however, his DD Form 214 reflects E-4.  He would like the correction made for his military marker and his family.

In support of his request, the applicant provided AF Form 910, TSgt SSgt, and Sgt Performance Report, for the period 1 November 1969 – 30 April 1970, reflecting promotion recommendation statements from rating officials.   

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force sergeant/E-4.

On 16 February 1968, according to DD Form 4, Enlistment Contract - Armed Forces of the United States, the applicant entered the Regular Air Force.

On 1 January 1970, according to Special Order XX-X, dated 1 January 1970, the applicant was promoted to the grade of E-4.

On 11 September 1970, the applicant was released from active duty and transferred to the Air Force Reserve.  He was credited with 2 years, 6 months, and 25 days of active service.

On 30 November 1970, according to Reserve Order XX-XXXXX, dated 30 November 1970, he was honorably discharged from the Air Force Reserve in the grade of E-4.

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

AIR FORCE EVALUATION

AFPC/DP2 (Enlisted Promotions) recommends denying the application. AFR 39-29, Promotion of Airmen, dated 2 January 1970, outlines requirements for promotion for all enlisted ranks for the period in contention.  More specifically, for promotion to E-5 an individual was required to have 12 months time-in-grade as of the last day of the promotion cycle and compete for promotion using the Weighted Airman Promotion System, under which personnel data factors were collected, validated, processed and converted to weighted factor scores for promotion selection purposes.  In addition, eligibility included the commander’s recommendation based on performance, supervisory and leadership ability, and a review of any unfavorable information files.   
Based on a review of the documentation provided and analysis of the facts, there is no evidence of an error or injustice.  There are no records of the applicant’s testing results, and he failed to provide proof he met all requirements for promotion to E-5 prior to his date of separation of     11 September 1970.  Furthermore, the select list for the FY71B promotion cycle was finalized on 15 November 1970, which was after his date of separation, rendering him ineligible for promotion to E-5.

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 18 July 2022 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/DP2 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-2021-02927 in Executive Session on 9 August 2022 and 19 August 2022:

, 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 11 August 2021.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP2, dated 17 July 2022.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 18 July 2022.

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.