RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-01672 XXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Duty Title of Bioenvironmental Engineer on his six Officer Performance Reports (OPRs) covering the period 12 Sep 98 through 11 Sep 04 be changed to read “Bioenvironmental Engineering Flight Commander.” ________________________________________________________________ APPLICANT CONTENDS THAT: His duties as the base Bioenvironmental Engineer included activities, programs, and leading enlisted technicians enabling him to advise the Air National Guard wing leadership on health risks and emergency responses to maintain mission readiness. As part of both a medical group and a medical squadron, his key duties, tasks and responsibilities, as reflected in Part III, Block 2, of the OPRs in question support that his duties were in line with having the title Flight Commander over the period listed. In support of his request, the applicant provides copies of memoranda of support from personnel at the National Guard Bureau and the Headquarters Air Force Surgeon General’s office, and six OPRs. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant served as a second lieutenant in the Delaware Air National Guard and was progressively promoted to the rank of Captain during the period of time in question. On 10 Jan 05, the applicant was ordered onto Extended Active Duty. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility which is included at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPTS recommends denial, indicating there is no evidence of an error or injustice. The individuals providing statements of support do not appear to be Commander’s with the authority to award the requested change. No source document exists in the applicant’s record, nor were any provided by the applicant to administratively change his duty title to Flight Commander. We previous requested that one of the source documents provided would be an AF Form 2096, Classification/On-the-Job Training Action or special orders (P-Series) to correct the applicant’s duty title in accordance with the Air National Guard, Review of Duty History Information, Personnel Services Delivery Transformation Guide, 20 Apr 12. The applicant did not provide statements from previous Commanders in his chain indicating an error or injustice occurred with establishing his duty title. A complete copy of the ARPC/DPTS evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 9 Oct 12 for review and comment within 30 days. As of this date, no response has been received from the applicant by this office. However, a letter of support from the Commander of the 166th Medical Group, dated 13 Nov 12, was submitted to on behalf of the applicant (Exhibit E). ________________________________________________________________ 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, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. While we note the letters of support for the applicant, we do not find the documentation presented sufficient to establish that he was a victim of an error or injustice, or to warrant changing previously established official duty titles eight years after the fact. Therefore, in the absence of evidence to the contrary, we find no 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-2012-01672 in Executive Session on 13 Dec 12, under the provisions of AFI 36-2603: XXXXX, Panel Chair XXXXX, Member XXXXX, Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 23 Mar 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, ARPC/DPTS, dated 2 Oct 12 Exhibit D. Letter, SAF/MRBR, dated 9 Oct 12. Exhibit E. Letter, 166 MDG/CC, dated 13 Nov 12. XXXXX Panel Chair