RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-01861
INDEX CODE: 131.09
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect his promotion to the grade of
staff sergeant.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The reasons the applicant believes the records to be in error or
unjust and the evidence submitted in support of the appeal are at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application are contained in the
letter prepared by the appropriate office of the Air Force.
Accordingly, there is no need to recite these facts in this Record of
Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPWB reviewed this application and recommended denial.
A complete copy of the evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 16
Aug 02 for review and response. 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. After careful consideration of
applicant's request and the available evidence of record, we find
insufficient evidence of error or injustice to warrant corrective
action. The facts and opinions stated in the advisory opinion appear
to be based on the evidence of record and have not been rebutted by
applicant. Absent persuasive evidence applicant was denied rights to
which entitled, appropriate regulations were not followed, or
appropriate standards were not applied, we find no basis to disturb
the existing record.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that the
application was denied without a personal appearance; and that 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 02-
01861 in Executive Session on 1 Oct 02, under the provisions of AFI 36-
2603:
Mr. David C. Van Gasbeck, Panel Chair
Mr. James E. Short, Member
Ms. Martha J. Evans, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Jun 02.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPWB, dated 9 Aug 02, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 16 Aug 02.
DAVID C. VAN GASBECK
Panel Chair
The applicant's delay in filing a claim has caused prejudice to the Air Force. DPPPWB further states the Air Force, after 56 years and limited records, cannot determine if the applicant should have been promoted. 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 and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.
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