RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02908 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: YES 

 

 

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APPLICANT REQUESTS THAT: 

 

His grade, as reflected on his DD Form 214, Report of Separation 
from the Armed Forces, be corrected to reflect “SSgt” instead of 
“SSgt(T).” 

 

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APPLICANT CONTENDS THAT: 

 

He served his country for over three years and feels he needs to 
“set the record straight.” 

 

In support of his request, the applicant provides copies of his 
DD Form 214 and a copy of a published article titled, 
“Correcting of Military Records.” 

 

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

 

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STATEMENT OF FACTS: 

 

The relevant facts pertaining to this application, extracted 
from the applicant’s military personnel records, are contained 
in the letter prepared by the Air Force office of primary 
responsibility which is at Exhibit C. Accordingly, there is no 
need to recite these facts in this Record of Proceedings. 

 

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AIR FORCE EVALUATION: 

 

AFPC/DPSOE indicates the applicant’s request has not been filed 
within the three-year time limitation imposed by AFI 36-2603, Air Force Board for Correction of Military Records. In addition 
to being untimely under the statute of limitations, the request 
may also be dismissed under the equitable doctrine of laches, 
which denies relief to one who has unreasonably and inexcusably 
delayed asserting a claim. The applicant waited 58 years after 


discharge before petitioning the AFBCMR. His unreasonable delay 
has caused prejudice to the Air Force as relevant records have 
been destroyed or are no longer available, memories have faded, 
and witnesses are unavailable. There is no documentation in the 
applicant’s very limited record regarding his promotion to staff 
sergeant, other than his DD Form 214 reflecting the date of his 
appointment to SSgt(T) as 1 May 52. The “(T)” indicates that it 
was a temporary promotion, which was only accomplished when 
special authorization for these promotions was announced by the 
Secretary of the Air Force, or as prescribed by AFR 53-2 for 
airmen who are selected to attend Air Force Officer Candidate 
School. While the applicant believes the “(T)” should be 
removed because he served almost 48 months on active duty, the 
policy in effect at the time would have required him to serve at 
least 54 months on active duty, he would not have been eligible 
for advancement to the permanent grade of staff sergeant until 
at least 1 Mar 53, several months after his discharge on 
31 Jul 52. 

 

A complete copy of the AFPC/DPSOE evaluation is at Exhibit C. 

 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 22 Apr 11 for review and comment within 30 days. 
As of this date, no response has been received by this office 
(Exhibit D). 

 

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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 application was not filed 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. 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 failure to file in a 
timely manner. 

 

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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. 

 

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The following members of the Board considered AFBCMR Docket 
Number BC-2010-02908 in Executive Session on 26 Jul 11, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 2 Aug 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSOE, dated 30 Nov 10, w/atch. 

 Exhibit D. Letter, SAF/MRBR, dated 22 Apr 11. 

 

 

 

 

 

 Panel Chair