RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00013
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
She be promoted to the grade of technical sergeant (E-6).
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was recommended by her supervisor and unit commander for promotion to the next higher grade; however, she was unaware of the promotion recommendation.
She has a Department of Veterans Affairs (DVA) claim pending a disability rating. She believes the pay rate from staff sergeant to technical sergeant will make a difference in the amount she will receive from the VA.
In support of her request, she provides a copy of DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States), a copy of a letter from the Disabled American Veterans (DAV), a copy of a letter from the applicant to the DAV, two copies of AF Form 910 (Enlisted Performance Report (AB thru TSGT)), and a copy of her discharge certificate.
Her complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
There is no available information in the Military Personnel Data System (MilPDS).
Her discharge certificate reflects she was discharged from the Air Force Reserve (AFR) on 25 October 1992, in the grade of staff sergeant (E-5).
_________________________________________________________________
AIR FORCE EVALUATION:
AFRC/A1K recommends denial. A1K states the applicant has not provided the appropriate source documents such as the commanders recommendation for promotion to technical sergeant.
The complete A1K 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 April 2009 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. After a thorough review of the available evidence and the applicants complete submission, we are not persuaded her records should be corrected to show she was promoted to technical sergeant (E-6). 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 failed to sustain her burden of proof of the existence of either an error or injustice. 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-2009-00013 in Executive Session on 5 May 2009, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 January 2009, w/atchs.
Exhibit B. Letter, AFRC/A1K, dated 25 March 2009.
Exhibit C. Letter, SAF/MRBR, dated 3 April 2009.
Panel Chair
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