RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03249
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His son, the deceased former member, be reinstated to the grade of E-4.
APPLICANT CONTENDS THAT:
His son was a model citizen and never in any trouble after leaving the Air Force. He had an eight year old daughter, and if his grave marker reflected Sergeant rather than Air Basic (E-1) that would be better.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The former member initially entered the Regular Air Force on 13 Dec 91.
On 13 Dec 94, the former member was promoted to the grade of Senior Airman (E-4).
On 12 Jun 95, the former member was furnished an honorable discharge in the grade of E-1, and was credited with three years and six months of total active service.
On 29 Jun 14, the former member passed away.
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSOE recommends denial indicating there is no evidence of an error or an injustice. The application was not timely filed. It has been over 19 years since the former members discharge. The deceased former member received an Article 15 on 30 May 95 for willfully disobeying an order and being disrespectful toward a noncommissioned officer. For this, he was reduced in rank to the grade of airman basic (E-1). The applicant provides no evidence or documentation to support an error or injustice occurred. Therefore, a change in the members grade is neither warranted nor appropriate. Recommend this application be time barred.
A complete copy of the AFPC/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 11 Feb 15 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:
Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicants complete submission in judging the merits of the case; however, after careful consideration of the available evidence of record, we find insufficient documentation was submitted to justify the relief requested. In addition, we note this application was not filed within three years of the date the alleged error or injustice was discovered as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603. Given that 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, 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-2014-03249 in Executive Session on 14 May 15 under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence as considered:
Exhibit A. DD Form 149, dated 1 Aug 14, w/atchs.
Exhibit B. Decedent's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOE, dated 22 Sep 14.
Exhibit D. Letter, SAF/MRBR, dated 11 Feb 15.
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