Search Decisions

Decision Text

AF | BCMR | CY2013 | BC 2013 05387
Original file (BC 2013 05387.txt) Auto-classification: Denied
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 applicant’s 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 member’s DD Form 214 should be the grade held at the 
time of separation, which in the applicant’s 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 applicant’s 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 
applicant’s 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.





Similar Decisions

  • AF | BCMR | CY2013 | BC 2013 03312

    Original file (BC 2013 03312.txt) Auto-classification: Denied

    His Date of Rank (DOR) to the grade of Airman First Class (A1C) be corrected to 31 Jul 2001 (Administratively Corrected). In a letter dated 10 Jan 2014, AFPC/DPSOE advised the applicant his DOR to the grades of SrA, SSgt, TSgt and MSgt were administratively corrected and that he would receive supplemental promotion consideration for promotion to the grade of SMSgt during the May 2014 Senior Noncommissioned Officer (SNCO) Supplemental Promotion Board. After a thorough review of the...

  • AF | BCMR | CY2013 | BC 2013 03542

    Original file (BC 2013 03542.txt) Auto-classification: Denied

    He should receive supplemental promotion consideration to the grade of MSgt based on the correction to his records. The application has not been filed within the three year time limitation imposed by AFI 36-2603, Air Force Board for Correction of Military Records. Regrettably, promotion records are only kept on file for 10 years In Accordance With (IAW) AFR 4-20, Records Disposition Schedule, as such, there are no promotion records available to verify whether the applicant was considered...

  • AF | BCMR | CY2014 | BC 2014 01670

    Original file (BC 2014 01670.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01670 COUNSEL: HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Enlisted Performance Report (EPR), rendered for the period 16 May 2012 thru 15 May 2013 and signed by his rater on 13 September 2013, be replaced with the evaluation signed on 1 June 2013. STATEMENT OF FACTS: In a letter dated 4 September 2014, SAF/MRBR advised the applicant that AFI 36-2603, Air Force Board for...

  • AF | BCMR | CY2013 | BC 2013 04857

    Original file (BC 2013 04857.txt) Auto-classification: Denied

    A highest grade held determination was not completed and the applicant’s Reserve retired pay was established in the grade of TSgt. Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our conclusion that the applicant has not been the victim of an error or injustice. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that...

  • AF | BCMR | CY2013 | BC 2013 03464

    Original file (BC 2013 03464.txt) Auto-classification: Denied

    Her current Date of Rank (DOR) be changed from 1 June 2013, to 28 May 2009; the date she reentered the Regular Air Force 3. They reaccomplished the applicant’s Total Active Federal Military Service (TAFMS)_ evaluation worksheet based upon her updated point credit summary report and deemed that she still does not meet the requirements in accordance with AFI 36- 2002, Regular Air Force and Special Category Accessions, paragraph Attachment 4, paragraph A4.2, Prior Service (PS) Date of Rank and...

  • AF | BCMR | CY2013 | BC 2013 05285

    Original file (BC 2013 05285.txt) Auto-classification: Approved

    According to Mil Form 88, Record of Proceedings under Article 15, WCMJ, on 17 June 2010, the Assistant Adjutant General imposed nonjudicial punishment on the applicant who was reduced from the rank of MSgt to the rank of SSgt effective 17 June 2010. AIR FORCE EVALUATION: In a memorandum dated 6 January 2014, NGB/A1PP recommends correcting the applicant’s records to reflect his retirement rank as TSgt. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air...

  • AF | BCMR | CY2014 | BC 2014 02758

    Original file (BC 2014 02758.txt) Auto-classification: Denied

    Should the applicant provide supporting documents, such as orders placing him on active duty, points summary, or pay records, DPTS can correct the applicant’s DD Form 214 reflecting his active duty service. 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 the rationale expressed as the basis for our conclusion the applicant has not...

  • AF | BCMR | CY2013 | BC 2013 05097

    Original file (BC 2013 05097.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05097 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: The date of his discharge certificate be changed from 1 Sep 55 to 1 Aug 59, and his enlistment date should be 1 Aug 55. The applicant provided a DD Form 256AF, Honorable Discharge Certificate, reflecting a discharge date of 1 Sep 55. While the application indicates his DD Form 214 was submitted as evidence, it was...

  • AF | BCMR | CY2013 | BC 2013 05525

    Original file (BC 2013 05525.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05525 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect she served in support of Operation DESERT SHIELD from Jan 91 to Apr 91. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary...

  • AF | BCMR | CY2014 | BC 2014 02215

    Original file (BC 2014 02215.txt) Auto-classification: Denied

    AIR FORCE EVALUATION: AFPC/DPSOR recommends denial stating the request is not timely and that there is no evidence of an error or injustice. The applicant held the grade of TSgt at the time of retirement and his records and retired pay are correct. § 8961(b), Retired Grade, General Rule, unless entitled to a higher grade under some other provision of law, enlisted members of the Regular forces retired for other than disability, retire in the Regular grade held on the date of retirement.