RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00615 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: He be recognized for his actions while on temporary duty (TDY) orders to Thule, Greenland and be promoted to the grade of staff sergeant (SSgt/E-5). ________________________________________________________________ THE APPLICANT CONTENDS THAT: He never received any recognition for his actions while TDY to Thule, Greenland. While on the return flight from Thule, he went down to the lower deck to check the engines and as he opened the hatch to engines 3 and 4, he discovered that they were on fire. Even though it was hard to breathe, he radioed to the pilot that the plane was on fire, which resulted in saving the lives of his crewmembers and the aircraft. He should have been promoted to the grade of SSgt. He notes that another airman was promoted to the grade of airman first class (A1C/E-4), even though he had more time in grade. In support of his appeal, the applicant provides a copy of his article from the Air Force Magazine. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: Based on the available record, the applicant was relieved from active duty, on 3 Apr 58, under the provisions of AFM 35-4, PHYSICAL EVALUATION FOR RETENTION, RETIREMENT, AND SEPARATION, for physical disability, with a compensable disability rating of 30 percent. He was credited with 2 years, 10 months, and 7 days of active duty service. In Jun 67, the applicant appealed to have consideration for a higher retired grade; however, his request was denied. AFPC/DPSIDR notified the applicant that based on the available evidence of record and that provided they were not able to verify his entitlement to a decoration in recognition of his service during a TDY to Thule, Greenland. They attached the specific requirements for submission for a decoration in accordance with the Fiscal Year 1996 National Defense Authorization Act (FY96 NDAA), Section 526 and additional documentation needed to substantiate his appeal. However, he did not respond. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSOE recommends the applicant’s request be denied. DPSOE notes that promotions during this timeframe were made at the major command, unless delegated by the major command to the wing, group, or squadron levels. HQ USAF distributed promotion quotas to the Major Commands based on projected vacancies within each career field subdivision. Promotion boards selected individuals and the quotas received determined the number that could be promoted. Some career fields received more promotions than others based on vacancies and the needs of the Air Force. To be considered for promotion to the grade of E-5 (SSgt), an individual must have 12 months time-in-grade as an E-4 (A1C), possess a skill level Air Force Specialty Code (AFSC) commensurate with the rank, and be recommended by the commander. These were the minimum eligibility requirements to be considered, but, in no way ensured or guaranteed a promotion. Had the applicant been selected for promotion to SSgt, an order would have been accomplished and placed in the personnel record. He would have also had to have been promoted to E-4 (A1C) and worn that rank for 8 months before he could have been considered for promotion to SSgt. A review of the applicant's record reveals no promotion orders to either rank. Since promotion history files are only maintained for a period of 10 years as outlined in the governing regulation, they are unable to verify whether the applicant was considered and selected for promotion. However, they believe that supervisors and commanding officers at the time were in a better position to evaluate the applicant's potential and eligibility for promotion. The complete AFPC/DPSOE evaluation, with attachments, is at Exhibit C. _____________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 6 May 11 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). __________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, regarding his request for promotion, we agree with the opinion and recommendation of AFPC/DPSOE and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice on this issue. Additionally, we note there is insufficient evidence that substantiates the applicant is entitled to a decoration for actions taken by him during a return flight from Thule, Greenland. Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-00615 in Executive Session on 13 September 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 6 Sep 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOE, dated 4 Apr 11, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 6 May 11. Panel Chair