RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-05387
	 XXXXXXXX	COUNSEL: NONE
			HEARING DESIRED: NO


APPLICANT REQUESTS THAT:

The rank on his DD Form 214, Armed Forces of the United States 
Report of Transfer or Discharge, be changed from Technical Sergeant 
(TSgt, E-6) to Master Sergeant (MSgt, E-7).


APPLICANT CONTENDS THAT:

The rank on his AF Form 7, Airman Military Record, reflects “MSgt;” 
however, his DD Form 214 reflects “TSgt.”

The applicant provides no rationale as to why his failure to timely 
file should be waived in the interest of justice.

In support of his request, the applicant provides copies of his DD 
Form 214 and AF Form 7.

His complete submission, with attachments, is at Exhibit A.


STATEMENT OF FACTS:

According to the applicant’s DD Form 214, he was ordered to Extended 
Active Duty for the period 26 January 1968 to 1 June 1969.  His Date 
of Rank (DOR) to the grade of TSgt is 12 August 1967.

His AF Form 7 reflects that he was promoted to the grade of MSgt, 
with a DOR of 15 June 1971.


AIR FORCE EVALUATION:

ARPC/DPTS recommend denial.  The AF Form 7 provided by the applicant 
shows his promotion to the grade of MSgt with an effective date of 
15 June 1971.  However, this date is after the end date of his DD 
Form 214, therefore, the rank on his DD Form 214 is correct.  In 
accordance with AFI 36-3202, Separation Documents, the rank 
reflected on a member’s DD Form 214 should be the grade held at the 
time of separation, which in the applicant’s case is TSgt.

The complete DPTS evaluation is at Exhibit D.




APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 9 February 2014, a copy of the Air Force evaluation was forwarded 
to the applicant for review and comment within 30 days.  As of this 
date, no response has been received by this office (Exhibit D).


FINDINGS AND CONCLUSIONS OF THE BOARD:

After careful consideration of applicant’s request and the available 
evidence of record, we find the application untimely.  The applicant 
did not file within three years after the alleged error or injustice 
was discovered as required by Title 10, United States Code, Section 
1552, Correction of Military Records and AFI 36-2603, Air Force 
Board for Correction of Military Records.  Furthermore, the 
applicant has not shown a plausible reason for the delay in filing, 
and we are not persuaded that the record raises issues of error or 
injustice which require resolution on the merits.  Thus, we cannot 
conclude it would be in the interest of justice to excuse the 
applicant’s failure to file in a timely manner.


THE BOARD DETERMINES THAT:

The application was not timely filed and it would not be in the 
interest of justice to waive the untimeliness.  It is the decision 
of the Board, therefore, to reject the application as untimely.


The following members of the Board considered this application in 
Executive Session on 21 October 2014, under the provisions of AFI 
36-2603:

     , Panel Chair
     , Member
     , Member

The following documentary evidence pertaining to AFBCMR BC-2013-
05387 was considered:

    Exhibit A.  DD Form 149, dated 18 November 2013, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPTS Advisory, dated 22 January 2014.
    Exhibit D.  Letter, SAF/MRBR, dated 9 February 2014.