RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-00901 COUNSEL: NONE HEARING DESIRED: YES ___________________________________________________________________ APPLICANT REQUESTS THAT: 1. He be promoted to the grade of senior master sergeant. 2. He be awarded the Purple Heart (PH) medal – (administratively corrected). ___________________________________________________________________ APPLICANT CONTENDS THAT: He was not awarded the PH when he was wounded in 1968; therefore, he did not get promoted on time to the grades of technical sergeant (E-6), master sergeant (E-7), and senior master sergeant (E-8). The PH medal would have given him three additional points towards being promoted. He missed promotion to master sergeant by 2 points in the 74B7 promotion cycle and by .5 of a point in the 75B7 promotion cycle. In support of his request, applicant provides a copy of letters of support, a copy of his promotion test score printouts, and a personal note. His complete submission, with attachments, is at Exhibit A. ___________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force and was progressively promoted to the grade of master sergeant, having assumed that grade effective and with a date of rank of 1 Oct 75. He retired after serving 22 years, 6 months, and 13 days on active duty. On 1 Dec 09, the Purple Heart Review Board reviewed and approved his request for the PH for a wound he received during a direct attack by the enemy on 16 Jun 68. ___________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOE recommends denying the applicant promotion to senior master sergeant. DPSOE states the applicant’s request should be barred by time. Due to the promotion history files not being available, DPSOE states they are unable to determine if he would have been selected for promotion earlier. Furthermore, DPSOE reviewed the governing regulation in affect at the time and found out the PH was worth only one point. As a result, he would have been promoted to master sergeant the cycle prior to his actual selection. His promotion resume: GRADE DOR TSGT 1 Mar 69 MSGT 1 Oct 75 The DPSOE evaluation, with attachment, is at Exhibit C. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant provides documentation that shows he did not wait 30 years before asking to be awarded the PH and promoted. After receiving the AFPC/DPSOE response, he felt he had no where else to turn to; however, it has bothered him so long that he continues to request a correction to his records. The DPSOE response was negative and they state that being awarded the PH may not have made a difference to his promotion in the 75B7 promotion cycle. He also points out that date of birth (DOB) has never been a factor in promotion consideration. He believes he deserves and is entitled to being promoted. The applicant’s complete response is at Exhibit E. ___________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not filed within three years after the alleged error or injustice was discovered, or could have been discovered, as required by Section 1552, Title 10, United States Code (10 USC 1552), and Air Force Instruction 36-2603. The essential facts which gave rise to the application were known to the applicant long before this application and, in fact, were contained in applications rejected on the merits by prior Boards. Thus, the application is untimely. 3. Paragraph b of 10 USC 1552 permits us, in our discretion, to excuse untimely filing in the interest of justice. We have carefully reviewed applicant's submission and the entire record, and we do not find a sufficient basis to excuse the untimely filing of this application. The applicant asserts that he intentionally delayed this application until he perceived a climate more favorable to his request. This is not an acceptable basis for the Board to exercise its discretion under 10 USC 1552(b). The applicant has not shown a plausible reason for delay in filing, and we are not persuaded that the record raises issues of error or injustice that require resolution on its merits. We note the Air Force office of primary responsibility has agreed to administratively correct the applicant’s record to reflect award of the PH. Accordingly, we conclude that it would not be in the interest of justice to excuse the untimely filing of the application regarding his request for promotion to senior master sergeant. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ DECISION OF THE BOARD: 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-2009-00901 in Executive Session on 11 Mar 10, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence for Docket Number BC-2009-00901 was considered: Exhibit A. DD Form 149, dated 18 Mar 09, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOE, dated 6 Jan 10, w/atch. Exhibit D. Letter, SAF/MRBR, dated 5 Feb 10. Exhibit E. Letter, Applicant, dated 10 Feb 10. Panel Chair