RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-00851
INDEX CODE: 110.00
APPLICANT COUNSEL: None
SSN HEARING DESIRED: Not Indicated
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he received a promotion to senior
master sergeant (SMSgt).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He received a letter from HQ AFMPC/DPMDOA dated 26 Jun 95, stating the
effective date of his promotion to E-8 is reflected in the personnel
data system as 25 Nov 76.
Applicant's complete submission, with attachments, is attached at
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 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). 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 date of rank (DOR) to MSgt is 1 Jun 66. The applicant
applied for retirement on 3 Oct 67, had he not applied for retirement
he would have been eligible for promotion consideration beginning with
1 Apr 68. The applicant was ineligible for promotion consideration in
accordance with Air Force Regulation (AFR) 39-29, Promotion of Airmen,
Table 1, Rule 8, which states an airmen is ineligible for promotion
consideration if he has applied for retirement. Therefore, based on
the rationale provided they recommend denying the applicant’s request
(Exhibit C).
AFPC/DPPRRP states the applicant's application for retirement
indicates in item 12 that the highest pay grade he held on active duty
was MSgt. Special Order Number AC-28541 approving the applicant's
retirement application reflects on line 12 his highest grade held
while on active duty was MSgt. The applicant was promoted to MSgt by
Special Order A-455 on 17 Jun 66. The applicant's performance report
with the closing date of 1 May 67 show his grade as MSgt. HQ
AFMPC/DPMDOA contacted the applicant by phone informing him that the
personnel data system had been updated erroneously reflecting his as
SMSgt and that corrective action was taken to correct the system.
Section 8961, Title 10, United States Code states: "Unless entitled
to a higher retired grade under some other provision of law, a Regular
or Reserve of the Air Force…who retires other than for physical
disability retires in the regular or reserve grade that he holds on
the date of his retirement." In the applicant's case, the grade is
MSgt (Exhibit D).
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on
26 Apr 02, 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. 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.
Based on the information in the applicant's records and in accordance
with AF policy he was not eligible for promotion due to his pending
voluntary retirement. The applicant submitted a letter from
AFMPC/DPMDOA stating his effective date of rank to E-8 was 25 Nov 76;
however, the applicant was notified on 29 Jan 96, that the personnel
data system was erroneously updated and that the error have been
corrected. Applicant has not established nor has he presented
persuasive evidence the he was promoted to senior master sergeant.
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-
00851 in Executive Session on June 4, 2002, under the provisions of
AFI 36-2603:
Mr. Vaughn E. Schlunz, Panel Chair
Mr. Michael V. Barbino, Member
Mr. Christopher Carey, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Mar 02, w/atchs.
Exhibit B. Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPWB, dated 27 Mar 02.
Exhibit D. Letter, AFPC/DPPRRP, dated 16 Apr 02.
Exhibit E. Letter, SAF/MRBR, dated 26 Apr 02.
VAUGHN E. SCHLUNZ
Panel Chair
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