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Decision Text

AF | BCMR | CY2014 | BC 2014 03077
Original file (BC 2014 03077.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-03077

						COUNSEL:  NONE

						HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

She be considered for supplemental promotion to the grade of 
Master Sergeant (MSgt) by the Cycle 95E7 promotion board. 


APPLICANT CONTENDS THAT:

Her Air Force Commendation Medal, First Oak Leaf Cluster 
(AFCM, 1OLC) for the period 7 Dec 90 – 31 Aug 94 should have been 
considered in the promotion process for cycle 95E7.

The Board should find it in the interest of justice to consider 
her application because, in 2014, a former Chief Master Sergeant 
(CMSgt) and her former commander, reviewed her documentation and 
believes that she was unjustly denied supplemental promotion 
consideration, when she originally requesting it, in Jul 95.  

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

On 1 Jan 96, the applicant retired from active duty, under the 
provision of the Temporary Early Retirement Authority (TERA), in 
the grade of TSgt, with a Date of Rank of 1 Jan 91.  She was 
credited with 18 years, 5 months, and 19 days of active duty 
service.   


AIR FORCE EVALUATION:

AFPC/DPSOE recommends the applicant’s request be denied on 
timeliness.  

The applicant was considered and nonselected for promotion to MSgt 
during cycle 95E7.  Her decoration score was 5.00, her total score 
was 335.94, and the score required for selection in her Air Force 
Specialty Code (AFSC) was 337.43.  If the decoration (worth three 
points) were counted in the applicant's total score, she would 
become a selectee for promotion.  Promotion selections for this 
cycle were made on 26 May 95 with a public release date of 7 Jun 
95.

The applicant's request for supplemental promotion consideration 
for cycle 95E7 was denied by AFPC/DPPPW (Enlisted Promotions) on 
21 Aug 95 due to noncompliance with AF policy (AFI 36-2502, Airman 
Promotion Program, 20 Jul 94).  Specifically, the decoration was 
not placed into official channels prior to the date selects were 
made (26 May 95).  It further states that supplemental promotion 
consideration will not be granted if the error or omission 
appeared on the member's data verification record (DVR), and no 
corrective or follow-up action was taken by the member prior to 
the promotion selection date.

AFI 36-2803, The Air Force Awards and Decorations Program, defines 
"official channels" as the first endorsement to the Decor 6, 
usually the commander's endorsement.  In the applicant's case, the 
Decor 6 was signed but not dated.  According to message R 211959Z 
Aug 95, (AFMPC Enlisted Promotions) contacted a representative of 
the 497 IG to inquire as to when the decoration was placed into 
official channels since the Decor-6 was undated.  The 
representative stated that the decoration was not placed into 
official channels until 5 Jul 95 (after selects were run on 26 May 
95 and publicly released on 7 Jun 95).

The complete DPSOE 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 Sep 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 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, § 1552 and Air Force Instruction 36-2603.  The 
applicant has not shown a plausible reason for the delay in 
filing, and we are not persuaded 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 AFBCMR Docket Number 
BC-2014-03077 in Executive Session on 14 Apr 15 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 22 Jul 14, w/atchs.
	Exhibit B.  Pertinent Excerpts from Personnel Records.
	Exhibit C.  Letter, AFPC/DPSOE, dated 29 Aug 14.
	Exhibit D.  Letter, SAF/MRBR, dated 12 Sep 14.


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