RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-01672
XXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Duty Title of Bioenvironmental Engineer on his six Officer
Performance Reports (OPRs) covering the period 12 Sep 98 through
11 Sep 04 be changed to read Bioenvironmental Engineering
Flight Commander.
________________________________________________________________
APPLICANT CONTENDS THAT:
His duties as the base Bioenvironmental Engineer included
activities, programs, and leading enlisted technicians enabling
him to advise the Air National Guard wing leadership on health
risks and emergency responses to maintain mission readiness. As
part of both a medical group and a medical squadron, his key
duties, tasks and responsibilities, as reflected in Part III,
Block 2, of the OPRs in question support that his duties were in
line with having the title Flight Commander over the period
listed.
In support of his request, the applicant provides copies of
memoranda of support from personnel at the National Guard Bureau
and the Headquarters Air Force Surgeon Generals office, and six
OPRs.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant served as a second lieutenant in the Delaware Air
National Guard and was progressively promoted to the rank of
Captain during the period of time in question.
On 10 Jan 05, the applicant was ordered onto Extended Active
Duty.
The remaining relevant facts pertaining to this application are
described in the letter prepared by the Air Force office of
primary responsibility which is included at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTS recommends denial, indicating there is no evidence of
an error or injustice. The individuals providing statements of
support do not appear to be Commanders with the authority to
award the requested change. No source document exists in the
applicants record, nor were any provided by the applicant to
administratively change his duty title to Flight Commander. We
previous requested that one of the source documents provided
would be an AF Form 2096, Classification/On-the-Job Training
Action or special orders (P-Series) to correct the applicants
duty title in accordance with the Air National Guard, Review of
Duty History Information, Personnel Services Delivery
Transformation Guide, 20 Apr 12. The applicant did not provide
statements from previous Commanders in his chain indicating an
error or injustice occurred with establishing his duty title.
A complete copy of the ARPC/DPTS evaluation, with attachments,
is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 9 Oct 12 for review and comment within 30 days. As
of this date, no response has been received from the applicant
by this office. However, a letter of support from the Commander
of the 166th Medical Group, dated 13 Nov 12, was submitted to on
behalf of the applicant (Exhibit E).
________________________________________________________________
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. While we note the
letters of support for the applicant, we do not find the
documentation presented sufficient to establish that he was a
victim of an error or injustice, or to warrant changing
previously established official duty titles eight years after
the fact. Therefore, in the absence of evidence to the
contrary, we find no basis to recommend granting the relief
sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material 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-2012-01672 in Executive Session on 13 Dec 12, under
the provisions of AFI 36-2603:
XXXXX, Panel Chair
XXXXX, Member
XXXXX, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Mar 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPTS, dated 2 Oct 12
Exhibit D. Letter, SAF/MRBR, dated 9 Oct 12.
Exhibit E. Letter, 166 MDG/CC, dated 13 Nov 12.
XXXXX
Panel Chair
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