RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2022-00636

XXXXXXXXX (DECeased member)	COUNSEL:  NONE
	
XXXXXXXXX (APPLICANT) 	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

Correct the deceased service member’s official military record to reflect the rank of “sergeant.” 

APPLICANT’S CONTENTIONS

Her nephew researched the decedent’s military service and determined he was a sergeant .   

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

According to documentation provided by the applicant, the decedent is an honorably discharged Air Force airman first class (E-4).

On 30 Aug 54, according to DD Form 214, Report of Separation from the Armed Forces of the United States, provided by the applicant, the decedent was furnished an honorable discharge, with the rank of airman first class and date of appointment of 3 Jun 53.  He was credited with 7 years, 5 months, and 24 days total net service completed for pay purposes.

For more information, see the advisory at Exhibit B.

APPLICABLE AUTHORITY/GUIDANCE

In accordance with Air Force Regulation (AFR) 39-36, Enlisted Personnel, dated 24 Apr 52, paragraph 2a states, the term “airmen” will be used to distinguish enlisted personnel of the Air Force in the same manner as enlisted personnel of the Army are known as “soldiers” and enlisted personnel of the Navy are known as “sailors.”  The habitual use of the term should aid in distinguishing the enlisted personnel of the Air Force from those of the other services and in identifying them more closely with their chosen service in the national defense structure.

	Pay Grade		Grade Title
	E-7			Master Sergeant
	E-6			Technical Sergeant
	E-5			Staff Sergeant
	E-4			Airman, First Class
	E-3			Airman, Second Class
	E-2			Airman, Third Class
	E-1			Basic Airman

Paragraph 4, Grades, Titles, and Terms of Address.  The following are the grades, titles, abbreviations, and terms of address of airmen in the Air Force:

	Abbreviation		Term of Address
	M/Sgt			Sergeant
	T/Sgt			Sergeant
	S/Sgt			Sergeant
	A/1C			Airman
	A/2C			Airman
	A/3C			Airman
	A/B			Airman

AIR FORCE EVALUATION

AFPC/DPM recommends denying the application.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice.  The applicant provided photographs in support of her request that identifies the decedent as the individual who is wearing three stripes.  The DD Form 214 provided by the applicant reflects in Block 3., Rank and Date of Appointment, “A/1C (P) 3 Jun 1953.”  Block 6., Effective Date of Separation, reflects “30 August 1954.” In 1948, the E-4/Sergeant rank reflected a blue circle with a white star and three white chevron stripes along its sides.  In 1952, the E-4/Sergeant rank was renamed to Airman 1st Class (A/1C).

The complete advisory opinion is at Exhibit B.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 20 Oct 22 for comment (Exhibit C) 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 deceased service member is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DPM and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The deceased service member’s rank, in accordance with AFR 39-36, is correctly annotated on his DD Form 214.  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-2022-00636 in Executive Session on 19 Jan 23:

, 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 14 Feb 22.
Exhibit B:	Advisory Opinion, AFPC/DPM, dated 17 Oct 22.
Exhibit C:	Notification of Advisory, SAF/MRBC to Applicant, dated 20 Oct 22.

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.