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AF | BCMR | CY2006 | BC-2005-03391
Original file (BC-2005-03391.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03391
            INDEX CODE:  131.09

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  14 MAY 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

He be promoted to the rank of E-4, Sergeant, effective at the  time
of discharge.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He entered the Air Force in Oct 65, and in Feb 69, he was honorably
separated through the early out program.  Applicant states, he  was
told that he would be promoted to E-4, on his DD Form 214, but  his
rank at the time of discharge was E-3.

In all of the years since, he never pursued getting his DD Form 214
corrected, but now requests his discharge papers reflect  the  rank
of E-4.

In support of  his  appeal,  applicant  submitted  a  copy  of  his
DD Form 214, Armed Forces of the United States Report  of  Transfer
or Discharge, dated 11 Feb 69.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  8  Oct  65  in  the
grade of airman basic (E-1) for a period of  four  years.   He  was
progressively promoted to the grade of  airman  first  class  (E-3)
with an effective date and date of rank of  1  Feb  67.   His  Duty
Title was Jet Engine Mechanic with  an  Air  Force  Specialty  Code
(AFSC) of 43230.

A resume of applicant’s A1c, A2c, A3c, and AB  performance  reports
and his airman performance report (APR) profile follows:

            PERIOD CLOSING              OVERALL EVALUATION


           07 Oct  66                          Recommended  (A1C/AB
      PR)
                  30  Mar  67                           Outstanding
Potential
                   30   Mar    68                            Highly
Recommended
                  11  Oct  68                                     8
(APR)

He was honorably released from active duty and transferred  to  the
Air Force Reserve on 11 Feb 69 under the provisions of  AFM  39-10,
in the grade of airman first class (E-3).   He  was  credited  with
3 years, 4 months, and 4 days of active duty service.  On 7 Oct 71,
applicant was honorably discharged from the Air  Force  Reserve  in
the grade of airman first class (E-3).

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPWB reviewed this application  and  recommended  denial,
stating, in part,  to  be  considered  for  promotion  to  E-4,  an
individual must have 8  months  time-in-grade,  possess  a  3-skill
level Air Force Specialty Code (AFSC), and be  recommended  by  the
commander.  These were the minimum eligibility requirements  to  be
considered but in no way ensured or guaranteed a promotion.   After
a thorough  review  of  the  applicant’s  records,  they  found  no
documentation (nomination list or orders) promoting  the  applicant
to the grade of E-4.

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  the  applicant
on 16 Dec 05 for review and comment within 30  days.   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.  We took notice of
the applicant's complete submission in judging the  merits  of  the
case.  The Board noted  the  applicant  appears  to  have  met  the
minimum requirements for promotion; however,  meeting  the  minimum
eligibility  requirements  in  no  way  ensured  or  guaranteed   a
promotion.  We found no documentation (nomination list  or  orders)
promoting the applicant to the grade of E-4.  Therefore,  we  agree
with the opinion and recommendation of  the  Air  Force  office  of
primary responsibility and adopt their rationale as the  basis  for
our conclusion that the applicant has not been  the  victim  of  an
error or injustice.  Therefore, in the absence of 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 AFBCMR Docket  Number
BC-2005-03391 in Executive Session on 14 February 2006,  under  the
provisions of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Ms. LeLoy W. Cottrell, Member
      Ms. Cheryl V. Jacobson, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 2 Nov 05.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPWB, dated 30 Nov 05.
    Exhibit D.  Letter, SAF/MRBR, dated 16 Dec 05.




                                   RICHARD A. PETERSON
                                   Panel Chair

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