RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02215
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active
Duty, be corrected to reflect he was retired in the rank of
First Sergeant/E-8 [sic].
APPLICANT CONTENDS THAT:
He was promoted to the grade of E-8 while on active duty.
The applicant provides no rationale as to why the Board should
consider it in the interest of justice to consider his untimely
application.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant entered the Regular Air Force on 21 May 85.
According to his DD Form 214, on 31 Mar 94, he was retired in
the grade of Technical Sergeant (TSgt, E-6) with narrative
reason for separation of Voluntary Retirement-Reduction In
Force. He was credited with 8 years, 10 months and 10 days of
active service this period.
According to Special Order AC-005285 dated 21 Jan 94, his
highest grade held on active duty was TSgt.
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.
The applicant enlisted in the U.S. Navy from 18 Aug 67 through
14 Aug 73 and at time of discharge, he held the pay grade of
E-4. He also served in the Illinois Army National Guard and was
separated effective 30 Sep 83 in the grade of Master Sergeant
(MSgt, E-7) [sic]. On 21 May 85, he enlisted in the Regular Air
Force in the grade of TSgt. There is no evidence in his record
to indicate he held a higher grade than TSgt while serving in
the Regular component. On 1 Apr 94, he was retired from active
duty in the grade of TSgt.
As stated in 10 U.S.C. § 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.
A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 12 Nov 14 for review and comment within 30 days
(Exhibit D). As of this date, no response has been received by
this office.
FINDINGS AND CONCLUSIONS OF THE BOARD:
After careful consideration of applicants request and the
available evidence of record, we find the application untimely.
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 and Air Force Instruction
36-2603. 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 AFBCMR Docket
Number BC-2014-02215 in Executive Session on 17 Mar 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining AFBCMR Docket
Number BC-2014-02215 was considered:
Exhibit A. DD Form 149, dated 28 May 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOR, dated 20 Oct 14.
Exhibit D. Letter, SAF/MRBR, dated 12 Nov 14.
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