RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-00700
INDEX CODE: 110.00
APPLICANT COUNSEL: None
SSN HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he received a promotion while on
active duty.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He completed service school training and was reassigned and never
received his promotion (Exhibit A).
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from the
applicant's military records, are contained in the letter prepared by
the appropriate office of the Air Force.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPWB states the applicant has not filed his claim a within the
3-year time limit. The applicant's request can 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 the applicant's case, he waited 56
years after his discharge to file and there is no evidence in the
available records to indicate that he may have filed a previous claim.
The applicant's delay in filing a claim has caused prejudice to the
Air Force. Based on the passage of time relevant records have been
destroyed or are no longer available, memories have failed and
witnesses are unavailable. The applicant's delay regarding his
promotion has complicated the Air Force's ability to determine the
merits of his position.
The applicant contends he did not receive his promotion due to the
fact that he was reassigned after service school. Reassignment was
and is today the normal practice upon completion of service school.
There were procedures and guidelines in place for a member to receive
a promotion while attending service school.
DPPPWB further states the Air Force, after 56 years and limited
records, can not determine if the applicant should have received a
promotion prior to his separation from the service. They must assume
that his supervisors and commanding officers at the time were in a
better position to determine the applicant's promotion eligibility.
Although the applicant may have deserved a promotion, but in the
absence of evidence to the contrary, again they must assume he was
discharged in the proper grade. Further, they believe that after
serving over three years of active duty, his promotion history and
eligibility would have been reviewed at the time of separation.
Therefore, based on the rationale provided they recommend denying the
applicant’s request (Exhibit D).
A complete copy of the evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 15 March 2002, for review and response. As of this date,
no response has been received by this office.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. Due to limited records and the
passage of time we are unable to determine if a promotion to the
higher grade was appropriate. We believe it should be pointed out
that the applicant may have been deserving of a promotion but in the
absence of evidence to the contrary, the Board must assume the
applicant was discharged in the appropriate grade. Applicant’s
contentions are duly noted; however, we agree with the opinion and
recommendation of the Air Force and adopt their rationale as the basis
for our conclusion that the applicant has not been the victim of an
error or injustice. Therefore, in the absence of evidence to the
contrary, we find no compelling basis to recommend granting the relief
sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that the
application was denied without a personal appearance; and that the
application will only be reconsidered upon the submission of newly
discovered relevant evidence not considered with this application.
_________________________________________________________________
The following members of the Board considered Docket Number 02-
00700 in Executive Session on May 7, 2002, under the provisions of
AFI 36-2603:
Mr. Vaughn E. Schlunz, Panel Chair
Mr. Grover L. Dunn, Member
Mr. George Franklin, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Nov 01, w/atchs.
Exhibit B. Applicant's Available Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPWB, dated 1 Mar 02.
Exhibit D. Letter, SAF/MRBR, dated 15 Mar 02.
VAUGHN E. SCHLUNZ
Panel Chair
The applicant's delay in filing a claim has caused prejudice to the Air Force. DPPPWB further states the Air Force, after 56 years and limited records, cannot determine if the applicant should have been promoted. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.
In the applicant's case, he waited almost 7 years after he states he discovered the alleged error or injustice before he filed a claim, although the applicant knew when he applied for retirement in 3 Oct 67, the highest grade he held on active duty was master sergeant (MSgt). Therefore, based on the rationale provided they recommend denying the applicant’s request (Exhibit C). In the applicant's case, the grade is MSgt (Exhibit D).
DPPPWB further states the Air Force, after 56 years and limited records, cannot determine if the applicant should have been promoted earlier than he was. Therefore based on the rationale provided they recommend denying the applicant’s request (Exhibit D). He further states that he was promoted at the time of his discharge and the promotion was not affiliated with his flying years, the practice at that time was to promote each enlisted man one grade at time of discharge (Exhibit F).
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