RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-01265

XXXXXXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, Item 4a, Grade, Rate, or Rank, be corrected to reflect Sgt rather than SrA. 

APPLICANT’S CONTENTIONS

His rank of sergeant was suspended for six months for falling asleep on post. He separated during this six-month suspension.  His rank of sergeant should have been reinstated after the six-month suspension.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Regular Air Force senior airman (E-4).  

On 8 Aug 86, according to DD Form 214, the applicant entered the Regular Air Force and on 4 Aug 90, the applicant was honorably discharged, having served 3 years, 11 months, and 26 days of active service.  

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

APPLICABLE AUTHORITY/GUIDANCE

Total Force Personnel Services Delivery (PSD) Guide, Section E: Specific Procedures.  How to Prepare the DD Form 214 – Block 4a_Grade or Rank: Active duty grade held at close out date of DD Form 214.

AIR FORCE EVALUATION

AFPC/DP2SPP recommends denying the application.  The applicant’s senior airman (E-4) date of rank (DOR) was 8 Feb 89.  As of 1 Jun 76, E-4 was designated as both a senior airman and sergeant.  Air Force leadership decided that in order to become a Noncommissioned Officer (NCO), an E-4 must: (1) First serve on active duty in that rank for one year; (2) Attend NCO Prep Course; and (3) Be recommended by their Commander.  This was an appointment, not a promotion, and did not change the pay grade E-4 or rate of pay.  

The applicant’s final AF Form 910, Enlisted Performance Report (AB Thru TSgt), period of report: 2 Feb 89 thru 1 Feb 90, contains the statement in Block VI “Promote ahead of peers,” created and indorsed by his Supervisor, indorsed by the Flight Leader, and concurred with by the Commander.  The applicant was honorably discharged on 4 Aug 90, issued a DD Form 214, showing the rank of senior airman (Item 4a), and that he completed the NCO Prep Course in Jun 89 (Item 14). There is no documentation in the applicant’s military records or submitted by the applicant surrounding the incident of him being placed on a six-month suspension, and no documentation showing the applicant’s Commander recommended he be appointed to the rank of “sergeant.” Further, one cannot assume that completion of a six-month suspension would equate to an automatic recommendation to reinstate a suspended rank.  The Commander would have had to make that determination at the end of the suspension period based on the applicant’s successful performance, conduct and attitude during that six month period.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice for promotion progression.   

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 21 Dec 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 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).  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-2021-01265 in Executive Session on 16 Jun 22:

, 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 4 Feb 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP2SPP, dated 15 Nov 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 1 Dec 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.