RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00569
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His WD AGO Form 53-98, Military Record and Report of Separation
Certificate of Service, reflect the grade of captain rather than
first lieutenant.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The reasons the applicant believes the records to be in error or
unjust and the evidence submitted in support of the appeal are at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application are contained
in the letter prepared by the appropriate office of the Air
Force. Accordingly, there is no need to recite these facts in
this Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOO reviewed this application and recommends denial. A
complete copy of the evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the advisory opinion and furnished a
response, with attachments, which is attached 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 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. Although
the applicant asserts a date of discovery which would, if
applicable, make the application timely, 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 the 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 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 the evidence presented did not
demonstrate the existence of an error or injustice; the
application was denied without a personal appearance; and 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-2010-00569 in Executive Session on 21 September 2010,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2010-00569 was considered:
Exhibit A. DD Form 149, dated 25 January 2010.
Exhibit B. ApplicantÂ’s Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOO, dated 14 June 2010.
Exhibit D. Letter, SAF/MRBR, dated 2 July 2010.
Exhibit E. Letter, Applicant dated 14 June 2010, w/atchs.
Panel Chair
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