RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBERS: BC-2003-03059
INDEX CODE: 131.00
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to change his rank from Private First Class
(PFC) to Sergeant Tech 4th Grade (T/4 Sgt) on his DD Form 214, Report
of Separation.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His father was able to find him at his location due to a special code
his father and fellow officers created. They met and his superiors
asked him how his father knew where he was and he told them about the
code and as a result, they cancelled his promotion and reduced him to
the rank of private.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant’s military records were destroyed in the 1973 fire at the
National Personnel Records Center (NPRC).
The available records reveal that the applicant entered active duty in
the Army of the United States on 31 March 1943. The applicant was
reduced in rank from Technician Fifth Grade to Private on 22 March
1945 for misconduct. On 5 October 1945, the applicant was promoted
from Private to Private First Class (Temp). He was honorably
discharged on 18 January 1946 in the rank of Private First Class.
_________________________________________________________________
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 before he petitioned the Board. The applicant's delay
in filing a claim has caused prejudice to the Air Force as relevant
records have been destroyed or are no longer available, memories have
failed and witnesses are unavailable.
DPPPWB further states in the absence of any documentation to the
contrary, they must assume the applicant was discharged in the correct
grade. Therefore based on the rationale provided they recommend
denying the applicant’s request (Exhibit D).
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluation and states he cannot
prove it but he believes his officers acted with prejudice when they
destroyed the records for his promotion. He was told his promotion
was approved and he was officially promoted by his master sergeant
(Exhibit F).
_________________________________________________________________
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 waive the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. Applicant’s military records are
not available for review. The documentation provided by the applicant
fails to substantiate that he has been the victim of an error or
injustice. Based upon the presumption of regularity in the conduct of
governmental affairs and without evidence to the contrary, we must
assume that the applicant was discharged in the correct grade.
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 BC-
2003-03059 in Executive Session on 10 February 2004, under the
provisions of AFI 36-2603:
Mr. Roscoe Hinton, Jr., Panel Chair
Ms. Sharon B. Seymour, Member
Mr. Garry G. Sauner, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Jun 03, w/atchs.
Exhibit B. Available Military Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPWB, dated 8 Dec 03.
Exhibit D. Letter, SAF/MRBR, dated 24 Dec 03.
Exhibit E. Letter, Applicant’s Response, dated 6 Jan 04.
ROSCOE HINTON, JR.
Panel Chair
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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