RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-05259
		
		COUNSEL:  NONE

		HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect his grade as staff sergeant 
(E-5) rather than airman first class (E-4).

________________________________________________________________

APPLICANT CONTENDS THAT:

He received orders after he separated from active duty stating 
that he had been promoted to staff sergeant. He lost his copy of 
the orders.

He will be buried in a national cemetery and would like for his 
headstone to reflect the proper grade.

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

________________________________________________________________

STATEMENT OF FACTS:

According to an NA Form 10338, Certification of Military 
Service, the applicant served in the Air Force from 15 Jul 54 to 
27 Mar 58 and received an honorable discharge.

By Special Order Number 51, dated 27 Feb 58, the applicant was 
released from active duty in the grade of airman first class (E-
4).

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

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AIR FORCE EVALUATION:

AFPC/DPSOE recommends the applicant’s request be time barred 
noting the applicant has not filed his claim within the three-
year time limit.  His request can also be dismissed under the 
equitable doctrine of laches, which denies relief to one who has 
unreasonably and inexcusably delayed asserting a claim.  Laches 
consists of two elements:  Inexcusable delay and prejudice to 
the Air Force resulting therefrom.  In this case, he waited 56 
years after discharge before he petitioned the Board.  His delay 
in filing a claim 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.   

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 2 Jun 14 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:

After careful consideration of applicant’s request and the 
available evidence of record, we find the application untimely.  
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.  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.  

________________________________________________________________

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-2013-05259 in Executive Session on 11 Sep 14, under 
the provisions of AFI 36-2603:

		, Panel Chair
		, Member
		, Member

The following documentary evidence was considered:

		Exhibit A.  DD Form 149, dated 7 Nov 13, w/atchs.
    	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPSOE, dated 10 Jan 14.
    	Exhibit D.  Letter, SAF/MRBR, dated 2 Jun 14.









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