RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05387
XXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
The rank on his DD Form 214, Armed Forces of the United States
Report of Transfer or Discharge, be changed from Technical Sergeant
(TSgt, E-6) to Master Sergeant (MSgt, E-7).
APPLICANT CONTENDS THAT:
The rank on his AF Form 7, Airman Military Record, reflects MSgt;
however, his DD Form 214 reflects TSgt.
The applicant provides no rationale as to why his failure to timely
file should be waived in the interest of justice.
In support of his request, the applicant provides copies of his DD
Form 214 and AF Form 7.
His complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
According to the applicants DD Form 214, he was ordered to Extended
Active Duty for the period 26 January 1968 to 1 June 1969. His Date
of Rank (DOR) to the grade of TSgt is 12 August 1967.
His AF Form 7 reflects that he was promoted to the grade of MSgt,
with a DOR of 15 June 1971.
AIR FORCE EVALUATION:
ARPC/DPTS recommend denial. The AF Form 7 provided by the applicant
shows his promotion to the grade of MSgt with an effective date of
15 June 1971. However, this date is after the end date of his DD
Form 214, therefore, the rank on his DD Form 214 is correct. In
accordance with AFI 36-3202, Separation Documents, the rank
reflected on a members DD Form 214 should be the grade held at the
time of separation, which in the applicants case is TSgt.
The complete DPTS evaluation is at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 9 February 2014, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit D).
FINDINGS AND CONCLUSIONS OF THE BOARD:
After careful consideration of applicants request and the available
evidence of record, we find the application untimely. The applicant
did not file within three years after the alleged error or injustice
was discovered as required by Title 10, United States Code, Section
1552, Correction of Military Records and AFI 36-2603, Air Force
Board for Correction of Military Records. Furthermore, the
applicant has not shown a plausible reason for the delay in filing,
and we are not persuaded that the record raises issues of error or
injustice which require resolution on the merits. Thus, we cannot
conclude it would be in the interest of justice to excuse the
applicants failure to file in a timely manner.
THE BOARD DETERMINES THAT:
The application was not timely filed and it would not be in the
interest of justice to waive the untimeliness. It is the decision
of the Board, therefore, to reject the application as untimely.
The following members of the Board considered this application in
Executive Session on 21 October 2014, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR BC-2013-
05387 was considered:
Exhibit A. DD Form 149, dated 18 November 2013, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPTS Advisory, dated 22 January 2014.
Exhibit D. Letter, SAF/MRBR, dated 9 February 2014.
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