RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02632
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Block 5b of his National Guard Bureau (NGB) Form 22, Report of
Separation and Record of Service, be changed to read E-5 rather than E-
4.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He recently enlisted in the Puerto Rico Air National Guard (PRANG).
His last rank prior to being transferred to the Individual Ready
Reserve (IRR) was staff sergeant (E-5) with a date of rank (DOR) of 29
February 1992. His NGB 22 and the order honorably discharging him
from the California ANG (CAANG) and assigning him to the IRR both
mistakenly refer to him as an E4. To his knowledge, nothing in his
records indicates a demotion.
In support of his appeal, the applicant has provided copies of an
honorable discharge certificate, his NGB Form 22, his promotion order
to E-5, dated 24 February 1992, and his discharge order dated 16
November 1993.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 4 June 1985. He served
for two years. From 4 June 1987 until 3 June 1989 his record shows no
military service or affiliation. Between 4 June 1989 and 3 June 1992
his record indicates service with a Reserve component where he
accumulated three satisfactory years of service towards a Reserve
retirement – part of which the record shows was spent in the CAANG.
The applicant enlisted in the CAANG on 15 February 1991 and, according
to his NGB Form 22, he was promoted to the grade of E4, senior airman,
with a DOR of 1 May 1993. However, a promotion order dated 24
February 1992 included in his application indicates he was promoted to
the grade of E-5, staff sergeant with a DOR of 29 February 1992 –
approximately 15 months prior to the stated DOR to senior airman
listed on his NGB Form 22. On 13 November 1993, he voluntarily
resigned, was honorably discharged from the CAANG, and was assigned to
the Individual Ready Reserve (IRR), approximately six months after he
was allegedly promoted to SSgt. The record shows he did not serve
from 13 November 1993 until 3 June 2006 when he enlisted with the
Puerto Rico ANG (PRANG). During his first year of service with the
PRANG, he earned only 31 participation points of the 50 points
required to obtain a satisfactory year of service. He is currently
serving in the PRANG as a senior airman and has five years of
satisfactory service towards a Reserve retirement.
_________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1P0F recommends denial. As no supporting documentation was
provided, A1P0F was unable to ascertain any evidence that would
substantiate his claim.
A1P0F’s complete evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 3
July 2007 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 filed within three years after the alleged
error or injustice was discovered, or could have been discovered, as
required by Section 1552, Title 10, United States Code (10 USC 1552),
and Air Force Instruction 36-2603. The essential facts which give
rise to the application were known to the applicant long before the
asserted date of discovery. Knowledge of those facts constituted the
date of discovery and the beginning of the three-year period for
filing. Thus, the application is untimely.
3. Paragraph b of 10 USC 1552 permits us, in our discretion, to
excuse untimely filing in the interest of justice. We have carefully
reviewed applicant's submission and the entire record, and we do not
find a sufficient basis to excuse the untimely filing of this
application. The applicant has not shown a plausible reason for delay
in filing and has admitted that he should have addressed this issue
some nine years ago. Therefore, we are not persuaded that the record
raises issues of error or injustice that require resolution on its
merits. Accordingly, we conclude that it would not be in the interest
of justice to excuse the untimely filing of the 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-
2006-02632 in Executive Session on 27 November 2007, under the
provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Debra K. Walker, Member
Mr. Kurt R. LaFrance, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 August 2006, w/atchs.
Exhibit B. Letter, NGB/A1P0F, dated 19 June 07.
Exhibit C. Letter, SAF/MRBR, dated 3 July 07.
THOMAS S. MARKIEWICZ
Chair
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