RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-01678
                                             INDEX CODE:  131.09
      XXXXXXXXXXXXX                     COUNSEL:  NONE

                                             HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

He be directly promoted to the grade of technical sergeant (TSgt – E-6).

________________________________________________________________

APPLICANT CONTENDS THAT:

When promotions were released on 15 June 1978, he missed  promotion  to  the
grade of TSgt by ½ point.  A  master  sergeant  at  the  Military  Personnel
Flight (MPF) told him that if he had  received  an  Air  Force  Commendation
Medal (AFCM), or an Airman Performance Report (APR) for his time in  Vietnam
or service at Eglin AFB, he would not have missed promotion.

He did not have any control over this and his medical records were blown  up
in a rocket attack.

He has recently been advised that he has cancer  in  his  right  lung  as  a
result of exposure to Agent Orange.

In support of his appeal, he has provided copies of a personal statement,  a
letter from the National Personnel Records Center  providing  him  with  the
most complete record they had, a list of his medical problems, his  DD  Form
214, effective 22 August 1968, a letter from  the  3345th  Technical  School
attesting to his graduation as an honor student, APRs  closing  14  February
1968, 14 February 1969, 30  July  1974,  and  30  July  1975,  a  Letter  of
Evaluation (LOE) for the period 5 August 1975 through 24  August  1975,  and
his DD Form 214, effective, 31 July 1981.

Applicant’s complete submissions, with attachments, are  at  Exhibits A  and
C.

________________________________________________________________

STATEMENT OF FACTS:

Correspondence received from the applicant at Exhibit C  indicates  that  he
did not intend to request that his DD Form 214 be corrected to  reflect  the
awards he addressed in his DD Form 149; rather, he wishes only to apply  for
direct a promotion from the grade of  Staff Sergeant (SSgt  -  E-5)  to  the
grade of TSgt.

The applicant enlisted in the Regular Air Force (RegAF) on 1 November  1960,
and served continuously until he was discharged on 14  July  1978.   He  re-
entered the RegAF on 27 March 1979, and  served  until  he  retired  in  the
grade of SSgt on 1 August 1981.

He is entitled to wear the Republic of Vietnam Campaign Medal,  Republic  of
Vietnam Gallantry Cross with Palm, and Vietnam Service Medal.

While assigned to APO 64, San Francisco, his records  indicate  he  received
the following APRs:

            PERIOD ENDING                    EVALUATION

             8 Mar 1963                            5
            15 Nov 1963                            8

While assigned to Eglin AFB,  FL,  his  records  indicate  he  received  the
following APRs:

            PERIOD ENDING                    EVALUATION

            30 Jul 1975                            9 (firewall)
             1 May 1976                            9 (firewall)
             1 May 1977                            9 (firewall)
             1 Nov 1977                            9 (firewall)

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOE recommends denial of applicant’s request for direct promotion  to
the grade of TSgt.  Air Force policy does not allow for direct promotion  as
requested.

This request should be time-barred as it was not  filed  within  the  three-
year  time  limitation.   In  this  case,  he  waited  over  25 years  after
retirement to petition the AFBCMR.  His unreasonable delay has  also  caused
prejudice to the Air Force as relevant records have been  destroyed  or  are
no longer available, memories have failed, and witnesses are unavailable.

The applicant contends he missed promotion by ½ a point during  cycle  79A6;
however, based on his date of rank to SSgt of 27 March 1979,  he  would  not
have been eligible for promotion consideration  to  TSgt  until  Cycle  82A6
(promotions effective August 1981 – July 1982).  He missed promotion  during
this cycle by 53.73 points.

The AFPC/DPSOE evaluation is at Exhibit E.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In their avid haste to add him  as  another  notch  on  their  pistol,  more
information should have been listed  in  their  Reason  for  Request.   That
which is reflected has no evidence to support it,  but  two  more  deserving
commendation medals with evidence should be added.   The  prejudice  to  the
Air Force is not his doing.  If the records were destroyed or lost,  he  had
no control over this and they should be there regardless of  a  time-factor.
Paragraph b. of the advisory is not relevant  to  this  application  as  the
timeframe is after he retired.

They prejudiced him and violated his rights by not reflecting the two  items
for which he had evidence.  He was not  aware  of  the  time-factor,  and  a
waiver can be generated to clear the problem  concerning  direct  promotion.
When he returned to the military in 1979, an  Air  Force  regulation  stated
that anyone with 14 or more years of active service could not  re-enter  the
RegAF, and this was waived.

He has to take care of his mother-in-law who is 81 years old and  frequently
has falling spells.  He gave her his word that he would not  put  her  in  a
home.  Because of his word to his wife and her mother, he  cannot  have  the
cancer operation.

He was assigned to a classified unit  and  his  civilian  leader  could  not
write-up anything for him.

The applicant’s complete response, with attachments, is at Exhibit G.

________________________________________________________________

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 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 victim of an error  or  injustice.   Although
the applicant claims he missed promotion  by  ½  point  during  cycle  79A6,
evidence has been presented that based on  his  date  of  rank  to  SSgt  of
27 March 1979, he would not have been eligible for  promotion  consideration
to TSgt until Cycle 82A6 (promotions effective August  1981  –  July  1982),
and he missed promotion during this cycle by 53.73 points.    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  Docket  Number  BC-2007-01678
in Executive Session on 30 January 2008, under the  provisions  of  AFI  36-
2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Mr. Kurt R. LaFrance, Member
                       Ms. Lea Gallogly, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 May 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, Applicant, undated.
    Exhibit D.  Letter, AFBCMR, dated 16 Aug 07.
    Exhibit E.  Letter, AFPC/DPSOE, dated 25 Oct 07.
    Exhibit F.  Letter, SAF/MRBR, dated 30 Nov 07.
    Exhibit G.  Letter, Applicant, undated, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Chair