Search Decisions

Decision Text

AF | BCMR | CY2004 | BC-2004-01437
Original file (BC-2004-01437.doc) Auto-classification: Denied





                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01437
            INDEX CODE:  131.03

            COUNSEL:  NONE

            HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be promoted from staff sergeant to technical sergeant.

_________________________________________________________________

APPLICANT CONTENDS THAT:

As a flight engineer with the XXXXXX Air National Guard  (XXANG),  the
operations officer abused  him  during  a  flight.   Consequently,  he
determined to not reenlist with the XXANG.  The chief flight  engineer
told him he would take care  of  the  matter  and  make  sure  he  was
promoted to technical sergeant if he would reenlist.   The  operations
officer demoted the chief flight engineer as a result of his action to
help him and then promoted another man in his place.   The  operations
officer eventually offered  the  applicant  $1,000  to  reenlist.   He
refused the offer and left the XXANG for eventual  membership  in  the
YYYYY ANG (YYANG).

In support of his  appeal,  the  applicant  has  provided  a  personal
statement, copies of pertinent telegrams, newspaper  articles,  flight
logs from the XXANG, a patent application, medical documentation,  and
individual flight records.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant served with the XXANG as an  airborne  mechanic  through
June 1962 when he was reassigned as a flight engineer.  He  served  in
that capacity until 28 March 1964 when  he  was  discharged  from  the
XXANG.  On 25 October 1965, he enlisted  in  the  YYANG  as  a  flight
engineer.  He served with the YYANG until 17 June  1966  when  he  was
honorably discharged at the convenience of  the  government.   At  the
time of his discharge he was serving in the grade  of  staff  sergeant
and had accumulated 11 years,  7  months,  and  23  days  of  combined
active, Reserve and ANG service.

_________________________________________________________________

AIR FORCE EVALUATION:

ANG/DPPI notes the applicant’s submission is well  beyond  the  three-
year time bar statute  set  forth  in  10  United  States  Code  (USC)
1552(b).  In addition to the fact that this case refers to events that
happened  over  40  years  ago,  the   applicant   has   provided   no
documentation or specific evidence that an  error  or  injustice  ever
occurred in the manner  he  sets  forth,  nor  has  he  presented  any
documentation indicating  he  was  recommended  for  promotion.   DPPI
states that in  addition  to  being  untimely  under  the  statute  of
limitations, the inexcusable delay in submitting his  application  has
resulted in the possible loss of records, destruction or loss of other
evidence,  and  renders  uncertain  the  availability   of   pertinent
witnesses.  DPPI has nothing with which to investigate or confirm  his
allegations and therefore recommends denial of his request.

ANG/DPPF’s complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant asks that the timeliness issue be waived in the interest
of justice.  He had forgotten or misplaced the entire episode until he
began application for a patent whereupon he  remembered  the  incident
and wishes to receive the promotion he was promised.

Applicant’s complete rebuttal, with attachments, is at 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.  After a thorough review  of  the
evidence of record and applicant's submission, we  are  not  persuaded
that his uncorroborated assertions of abuse at the hands of  a  senior
officer, in and by themselves, sufficiently persuasive to override the
rationale provided by the Air Force.  Further, he provided no evidence
to show he had been recommended for promotion to  technical  sergeant.
Therefore, we agree with the opinion and  recommendation  of  the  Air
Force  office  of  primary  responsibility  and  adopt  the  rationale
expressed as the basis for our decision that the applicant has  failed
to sustain his burden of having suffered either an error or injustice.
 Consequently, in the absence of persuasive evidence to the  contrary,
we find no compelling basis to recommend granting the relief sought in
this application.

4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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 BC-
2004-01437 in Executive  Session  on  28  September  2004,  under  the
provisions of AFI 36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Mr. Terry L. Scott, Member
      Mr. James W. Russell, III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Apr 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ANG/DPPI, dated 29 Jul 04.
    Exhibit D.  Letter, SAF/MRBR, dated 6 Aug 04.
    Exhibit E.  Letter, Applicant, dated 15 Aug 04, w/atchs.



                                   CHARLENE M. BRADLEY
                                   Panel Chair

Similar Decisions

  • AF | BCMR | CY2004 | BC-2003-01288

    Original file (BC-2003-01288.doc) Auto-classification: Denied

    _________________________________________________________________ STATEMENT OF FACTS: The applicant was discharged from the TN ANG for unsatisfactory participation on 31 May 1997 after serving seven years, nine months, and six days of combined Reserve component and Regular Air Force service. We took notice of the applicant's complete submission in judging the merits of the case and while we sympathize with the applicant’s civilian employment predicament at the time, there is simply no...

  • AF | BCMR | CY2003 | BC-2003-02209

    Original file (BC-2003-02209.doc) Auto-classification: Denied

    His commander had not submitted his name to the promotion board. DPPI states the applicant’s records contain no evidence to support his statement that he was ever recommended for promotion. The NY ANG holds that had an oversight been committed regarding his promotion, it would have been corrected during the year that passed between the time the board met and the applicant retired.

  • AF | BCMR | CY2005 | BC-2003-04285

    Original file (BC-2003-04285.doc) Auto-classification: Denied

    _________________________________________________________________ STATEMENT OF FACTS: The applicant, an Active/Guard Reserve (AGR) member of the Arizona ANG (AZ ANG), was laterally transferred into a full-time GS-09 civilian position attached to a military position at the grade of SMSgt. 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...

  • AF | BCMR | CY2004 | BC-2003-03055

    Original file (BC-2003-03055.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-03055 INDEX CODE: 128.05 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: She be awarded cash enlistment and reenlistment bonuses for both periods of her service in the Air National Guard (ANG): 1997 for three years and 2003 for six years. The criteria for receipt of enlistment/reenlistment bonuses in...

  • AF | BCMR | CY2004 | BC-2003-03277

    Original file (BC-2003-03277.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-03277 INDEX CODE: 112.02 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His appointment date in the Air National Guard (ANG) of 7 April 2003 be changed to 19 May 2003. The applicant was appointed under the auspices of AFI 36-2005, dated 1 May 1998, wherein it states that prior service officers may be...

  • AF | BCMR | CY2006 | BC-2006-01075

    Original file (BC-2006-01075.doc) Auto-classification: Denied

    By transferring to the AFR one month before his date of eligibility, he was not included in the AFR promotion process in time to meet the promotion board to captain as would have been directed by ARPCM 02-21. 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...

  • AF | BCMR | CY2004 | BC-2003-02805

    Original file (BC-2003-02805.doc) Auto-classification: Denied

    DOF’s complete evaluation, with attachments, is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 23 April 2004 for review and comment within 30 days. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error...

  • AF | BCMR | CY2007 | BC-2006-03307

    Original file (BC-2006-03307.doc) Auto-classification: Approved

    The letter asked that he call and he did so numerous times, but received no answer. He returned to duty with the ANG on 20 November 1984 and was progressively promoted to the grade of staff sergeant with a date of rank (DOR) of 1 October 1994. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: While the applicant appreciates the ANG’s recommendation that his former grade be reinstated, he provides evidence he was within weeks or...

  • AF | BCMR | CY2003 | BC-2002-04040

    Original file (BC-2002-04040.doc) Auto-classification: Approved

    ANG/DPPI’s evaluation, with attachment, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant’s vice commander (WADS/CV) responded on behalf of the applicant and notes that the ANG/DPPI evaluation, while factually correct, does not address circumstantial process shortfalls particular to the applicant’s case. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The...

  • AF | BCMR | CY2003 | BC-2003-02784

    Original file (BC-2003-02784.doc) Auto-classification: Approved

    INDEX CODE: 131.04 BC-2003-02784 MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR SUBJECT: APPLICANT Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, under the authority delegated in AFI 36-2603, the applicant's records will be corrected as set forth in...