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AF | BCMR | CY2002 | 0202508
Original file (0202508.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-02508
                       INDEX CODE:  131.00

      APPLICANT  COUNSEL:  None

      SSN        HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

He receive promotion consideration to  the  grade  of  staff  sergeant
(SSgt).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not considered for promotion in 1965  to  the  grade  of  staff
sergeant.  The failure of his not being considered  by  the  promotion
board delayed his promotions to E5 and E6 and has denied him  and  his
family financial resources  throughout  his  active  duty  career  and
retirement.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant  entered active  duty in the Regular Air Force on 22 May
1956 as an airman basic.

He was promoted to  staff  sergeant  on  1  June  1966  and  technical
sergeant on 1 September 1971.  He retired as a technical  sergeant  on
31 July 1976.  He served a total of 20 years, 2 months and 10 days  of
active service.

The remaining 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.   Accordingly,
there is no need to recite these facts in this Record of Proceedings.

_________________________________________________________________

AIR STAFF EVALUATION:

AFPC/DPPPWB states the applicant has not filed his claim 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  26
years after his discharge to file a request.

Promotion consideration during the timeframe in question was  made  at
the Major Command (MAJCOM), unless the  MAJCOM  delegated  it  to  the
Wing, Group, or Squadron level.  Promotion quotas were distributed  to
the MAJCOMs based on the projected  vacancies  in  each  Career  Field
Subdivision.  Promotion boards selected  individuals  and  the  quotas
received determined the number that could be promoted.  Based  on  the
vacancies and the needs of the Air Force some career fields  had  more
promotees than others.  For promotion consideration for  an  E-5,  the
member must have 18 months time-in-grade and a recommendation  by  the
commander.

The applicant has not provided any documentation  in  support  of  his
request.  DPPPWB further states  based  on  the  lack  of  support  or
documentation to the contrary, they have no reason to believe  he  was
not considered for promotion to SSgt during the timeframe in question.
 They recommend the applicant's request be time barred  or  denied  on
its merits (Exhibit C).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR STAFF EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 6
September 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 material error or injustice.  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
reviewing the applicant's records, we note his AF Forms  910  rendered
for periods 23 Feb 64 - 1 Feb 65 and 2 Feb 65 - 1 Feb  66,  recommends
he  be  promoted  to  SSgt.   Therefore,  we  are  persuaded  that  in
accordance with the promotion policy in effect at  the  time,  he  was
considered for promotion in 1965, but not selected.  In  view  of  the
foregoing and 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 AFBCMR Docket Number 02-
02508 in Executive Session on 15 October 2002, under the provisions of
AFI 36-2603:

            Mr. Richard A. Peterson, Panel Chair
            Ms. Marcia J. Bachman, Member
            Mr. Grover L. Dunn, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 31 Jul 02.
      Exhibit B. Available Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPWB, dated 27 Aug 02.
    Exhibit D.    Letter, SAF/MRBR, dated 6 Sep 02.




                       RICHARD A. PETERSON
                       Panel Chair

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