RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-02923
INDEX CODE: 131.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His rank on his DD Form 214, Report of Separation, be changed from Airman
Third Class to either Staff Sergeant or Technical Sergeant.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was reduced in rank on the eve of his promotion to technical sergeant.
He contends his commanding officer indicated that he would be returned to
the grade of staff sergeant as soon as possible.
In support of his appeal, the applicant provided a letter to Congressman
Crane, dated 6 August 2002 and other documentation.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant's military personnel records were destroyed by fire in 1973, at
the National Personnel Records Center (NPRC). Therefore, the facts
surrounding his alleged reduction in grade and any promotions cannot be
verified.
Records provided by the applicant indicate that he enlisted in the Regular
Air Force on 11 September 1947 and was honorably discharged on 4 January
1951, in the grade of sergeant, in accordance with AFR 39-14 (To Reenlist).
He served a total of 3 years, 3 months, and 24 days.
On 5 January 1951, applicant reenlisted for a period of 3 years. He was
honorably discharged on 23 October 1953, in the grade of airman third class
(effective 14 November 1952), in accordance with AFR 39-14 (Convenience of
the Government). He served a total of 2 years, 9 months, and 12 days this
enlistment. His Total Air Force Military Service (TAFMS) was 6 years, 1
month, and 6 days.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPWB recommended denial. They indicated that the application has
not been filed within the three-year time limitation imposed by AFI 36-
2603, Air Force Board for Correction of Military Records, paragraph 3.5, 1
March 1996. In addition to being untimely under the statute of
limitations, the applicant’s request may 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
there from. In the applicant’s case, he waited 49 years before he
petitioned the Air Force Board for Correction of Military Records (AFBCMR).
Applicant’s unreasonable delay has also caused prejudice to the Air Force
as relevant records have been destroyed or are no longer available,
memories have failed, and witnesses are unavailable.
They have reviewed the extremely limited records (records destroyed in 1973
at NPRC) on the applicant and find no documentation regarding a promotion
to SSgt or any other enlisted grade. Again, the applicant states that his
commanding officer would see to it that he be returned to his former rank
as soon as possible. However, the applicant’s DD Form 214, Report of
Separation – Honorable Discharge, shows his grade as airman third class
when he was discharged 23 October 1953. In the absence of any
documentation to the contrary, they must assume the applicant was
discharged in the correct grade.
The evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 8 November 2002, a copy of the Air Force evaluation was forwarded to the
applicant for review and response within thirty (30) days. 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 an error or an injustice. We took notice of the applicant's
complete submission in judging the merits of the case. After careful
consideration of applicant’s request and the available evidence of record,
we find insufficient evidence of error or injustice to warrant corrective
action with respect to his request. The facts and opinions stated in the
advisory opinion appear to be based on the available evidence of record and
have not been rebutted by applicant. The applicant’s personnel records
appear to have been destroyed by fire and we do not know the facts
surrounding his alleged reduction in grade and any promotions cannot be
verified. 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 AFBCMR Docket Number 02-02923
in Executive Session on 17 December 2002, under the provisions of AFI 36-
2603:
Ms. Peggy E. Gordon, Panel Chair
Ms. Barbara J. White-Olson, Member
Mr. Charlie E. Williams, Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 October 2002, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPWB, dated 22 October 2002.
Exhibit D. Letter, SAF/MRBR, dated 8 November 2002.
PEGGY E. GORDON
Panel Chair
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