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AF | BCMR | CY2004 | BC-2004-00184
Original file (BC-2004-00184.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00184
            INDEX CODE:  131.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His grade on his DD Form 214,  Certificate  of  Release  or  Discharge  from
Active Duty, be corrected to  reflect  senior  airman,  rather  than  airman
first class.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He received a letter stating he had been promoted.

In support of his request, applicant  provided  a  letter  received  by  his
parents, a copy of his DD Form 214; AF  Forms  2096,  Classification/On-the-
Job Training Action; a personnel data report, and  a  Community  College  of
the Air Force  registration  application.   His  complete  submission,  with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant  enlisted  in  the  Regular  Air  Force  on  2  Sep  87.   He  was
progressively promoted to the grade of airman first  class,  having  assumed
that grade effective and with at date of rank of 2 Jan 89.  On  15  Jul  91,
he was released from active  duty  under  the  Early  Release  Program.   He
served 3 years, 10 months, and 14 days on active duty.

The portion of the applicant's  request  regarding  his  Primary  Air  Force
Specialty has been administratively corrected.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPWB recommends the applicant's request be denied  as  untimely.   If
the Board decides to consider the request, denial  is  recommended.   DPPPWB
states that based on his date of rank to airman first class, he  would  have
been promoted to senior airman on 2 Sep 90.  He provides  a  letter  to  his
parents dated 4 Sep 90 notifying them he had been promoted.  However,  there
is no documentation in his records showing the rank of  senior  airman.   He
has an Airman Performance Report closing out on 4 Mar 91 that  reflects  his
grade as airman first class.  The applicant was asked to provide  additional
documentation showing he was promoted, but he did not respond.   The  DPPPWB
evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on  7  May
04 for review and comment within 30 days.  As of this date, this office  has
received no response.

_________________________________________________________________

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 Air Force office of primary responsibility that the  applicant  has
not provided the appropriate documentation which  would  show  that  he  was
recommended for and promoted to senior airman when he  became  eligible  for
promotion.  Therefore, we  adopt  their  rationale  as  the  basis  for  our
conclusion that he has not been the victim of an  error  or  injustice.   In
the absence of persuasive 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 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  Docket  Number  BC-2004-00184
in Executive Session on 30 Jun 04, under the provisions of AFI 36-2603:

      Ms. Brenda L. Romine, Panel Chair
      Ms. Jean A. Reynolds, Member
      Mr. Vance E. Lineberger, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 Jan 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPWB, dated 19 Apr 04.
    Exhibit D.  Letter, SAF/MRBR, dated 7 May 04.




                                   BRENDA L.ROMINE
                                   Panel Chair

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