RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-04297
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect that his rank at the time of 
his discharge was Staff Sergeant (SSgt, E-6), instead of 
Sergeant (Sgt, E-5).

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APPLICANT CONTENDS THAT:

He was a SSgt with the Army Air Corps for over six months prior 
to his discharge.

In support of his request, the applicant provides copies of two 
correspondence letters from the Department of the Army, a WD AGO 
Form 100, Army Separation Qualification Record, and a two-page 
typed statement.

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

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STATEMENT OF FACTS:

The majority of applicant’s records were destroyed by fire in 
1973, at the National Personnel Records Center (NPRC).

The applicant’s available military personnel records indicate 
that he entered active duty on 3 May 46.  

On 2 May 49, he was honorably discharged upon expiration of his 
term of service in the grade of Sgt.  He was credited with three 
years of total active service.

According to the applicant’s, WD AGO Form 100, his rank at the 
time of his separation was Sgt.

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AIR FORCE EVALUATION:

AFPC/DPSOE recommends denial, indicating the applicant’s request 
is not timely.  The applicant’s request dating over 64 years has 
greatly complicated its ability to determine the merits of his 
position.  The application has not been filed within the three-
year limitation imposed by AFI 36-2603, Air Force Board for 
Correction of Military Records, paragraph 3.5.  

Additionally, the applicant’s request may also be dismissed 
under the doctrine of laches, which denies relief to an 
applicant who has unreasonably and inexcusably delayed asserting 
a claim.  Laches consist of two elements:  Inexcusable delay and 
prejudice to the Air Force resulting there from.  The applicant 
waited more than 64 years after his discharge to file his 
application and as a result, relevant records have been 
destroyed or are no longer available, memories have failed, and 
witnesses are unavailable.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provides a three page typed statement, outlining 
the timeframes in which he was promoted.  He asserts that he was 
promoted to the rank of SSgt around Thanksgiving of 1948.

His complete submission, with attachment, is at Exhibit E.

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FINDINGS AND CONCLUSIONS OF THE BOARD:

After careful consideration of the 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 
sufficient reason for the delay in filing on a matter now dating 
over 64 years, which has greatly complicated the ability to 
determine the merits of his position.  He has not provided 
evidence that supports he is the victim of error or injustice. 
We are also not persuaded the record raises issues of error or 
injustice which require resolution on the merits.  Therefore, in 
view of the above, 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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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-2013-04297 in Executive Session on 26 Jun 14 under the 
provisions of AFI 36-2603:

		                     , Panel Chair
		                 , Member
		                  , Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 9 Jul 13, w/atchs.
     Exhibit B.  Applicant's Available Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSOE, dated 23 Oct 13.
     Exhibit D.  Letter, SAF/MRBR, dated 6 Dec 13.
     Exhibit E.  Letter, Applicant, dated 16 Dec 13, w/atch.




                                   
                                   Panel Chair



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