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AF | BCMR | CY2002 | 0202526
Original file (0202526.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-02526
            INDEX CODE:  131.00

      APPLICANT  COUNSEL:  None

      SSN   HEARING DESIRED: Not Indicated

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect his rank as Staff Sergeant  (SSgt)
vice Sergeant (Sgt).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He completed Flight Engineer School; therefore,  his  rank  should  be
SSgt.

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 over 56
years after his discharge to file a claim.   The  applicant  does  not
indicate when he discovered the alleged error nor does  he  offer  any
explanation in the delay to file a claim.  The  applicant's  delay  in
filing a claim has caused prejudice to the Air Force. The  applicant's
delay regarding his promotion has complicated the Air Force's  ability
to determine the merits of his position.  DPPPWB further states
the Air Force, after 56 years and limited records, cannot determine if
the applicant should have been promoted.  They must  assume  that  his
supervisors and commanding officers at  the  time  were  in  a  better
position to determine the applicant's promotion eligibility.  Based on
the passage of time, relevant records have been destroyed  or  are  no
longer available, memories have failed and witnesses are  unavailable,
they recommend denying the applicant’s request (Exhibit C).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
30 August 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 probable 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.   Due  to
limited records and the passage of time we are unable to determine  if
the applicant should have received a  promotion  based  on  completing
Flight Engineer School.  In  this  respect,  the  Board  believes  the
applicant's chain of command was in the best position to determine his
promotion eligibility.  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.  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   Docket  Number  02-
02526 in Executive Session on 1 October 2002, under the provisions of
AFI 36-2603:

                 Mr. David C. Van Gasbeck, Panel Chair
                 Mr. James E. Short, Member
                 Ms. Martha J. Evans, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 5 Aug 02, w/atchs.
   Exhibit B.  Applicant's Available Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPWB, dated 22 Aug 02.
   Exhibit D.  Letter, SAF/MRBR, dated 30 Aug 02.




                                  DAVID C. VAN GASBECK
                                  Panel Chair

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