RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-04138 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 

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APPLICANT REQUESTS THAT: 

 

His records be corrected to reflect that he was promoted to the 
grade of staff sergeant (E-5), instead of airman first class 
(E-4). 

 

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APPLICANT CONTENDS THAT: 

 

He should have been promoted to the grade of staff sergeant 
(E-5) as he had sufficient time in grade at the time of his 
separation. 

 

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

 

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STATEMENT OF FACTS: 

 

The applicant’s military personnel records were apparently 
located in the area most heavily damaged in the fire at the 
National Personnel Records Center in 1973. 

 

According to the limited records available, the applicant 
enlisted in the Regular Air Force on 8 Jan 51 in the grade of 
Airman Basic (E-1) and served on active duty until 7 Jan 55, 
when he was honorably discharged in the grade of airman first 
class (E-4) at the expiration of his term of service and was 
credited with four years of total active service. 

 

The remaining relevant facts pertaining to this application are 
described in the letter prepared by the Air Force office of 
primary which is attached at Exhibit C. 

 

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AIR FORCE EVALUATION: 

 

AFPC/DPSOE recommends denial, indicating the applicant’s delay 
regarding a matter dating back over 57 years has greatly 


complicated its ability to determine the merits of his position. 
The applicant has not filed within the three-year time 
limitation imposed by AFI 36-2603, Air Force Board for 
Correction of Military Records. The applicant’s request may 
also be dismissed under the equitable doctrine of laches, which 
denies relief due to unreasonably and inexcusably delayed 
asserting a claim. 

 

Due to the limited availability of the applicant’s records 
(destroyed in the 1973 fire at NPRC), it is impossible to 
determine if promotion was appropriate and the applicant has not 
provided any official documentation supporting his claim. 

 

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 6 Nov 12 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 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. The 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 applicant’s failure to file in a timely 
manner. 

 

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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. 

 

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The following members of the Board considered AFBCMR Docket 
Number BC-2012-04138 in Executive Session on 23 May 13, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 7 Aug 12, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSOE, dated 10 Oct 12. 

 Exhibit D. Letter, SAF/MRBR, dated 6 Nov 12. 

 

 

 

 

 

 Panel Chair