RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03481
INDEX CODE: 131.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 17 MAY 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be promoted to a grade higher than a private.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He served 32 months in the Army Air Corps and once the war ended he was
discharged as a private. He believes he deserved more rank than that of a
private considering he served three years of his life for his country. In
addition, he was an aviation cadet for over a year, flew missions on the B-
25 aircraft and successfully completed the Radio Operator Mechanic school
and believes should have received a promotion.
In support of his request, the applicant provided an e-mail sent to his
senator, a personal memorandum listing his military experience, a copy of
his WD AGO Form 53-55, Enlisted Record and report of Separation Honorable
Discharge and, WD AGO Form 100, Separation Qualification.
His complete submission with attachments is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Army Air Corps on 1 July 1943. He was
discharged with an honorable discharge on 20 February 1946. He served 2
years, 7 months and 20 days of total active service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPWB recommends denial. DPPPWB states the request should be time
barred because it has not been filed within the three-year time limitation.
In addition to being untimely under the statue of limitations, the
applicant’s request may also be dismissed under the equitable doctrine of
laches, which denies relief to one who is unreasonably and inexcusably
delayed in asserting a claim. In the applicant’s case, he waited more than
60 years after his discharge to petition the Air Force Board of Correction
for Military Records. This unreasonable delay has also caused prejudices
to the Air Force as relevant records have been destroyed or the records are
no longer available. In addition, memories have failed and the witnesses
are no longer available. Furthermore, his records do not contain any
orders showing he was ever promoted to a grade higher than a private.
DPPPWB states supervisors and commanding officers at the time were in a
better position to evaluate the applicant’s potential and eligibility for
promotion. DPPPWB also believe his eligibility for promotion would have
been reviewed at the time of his separation. His record reflects his grade
at the time of discharge as private and highest held as an aviation cadet;
therefore DPPPWB must assume he was discharged in the correct grade.
The complete AFPC/DPPPWB evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 15
December 2006 for review and comment within 30 days. As of this date, this
office has received no response (Exhibit D).
His complete response is at Exhibit E.
_________________________________________________________________
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. After a thorough review of the available
evidence and the applicant’s complete submission, we find no evidence which
would persuade us that his records should be corrected to show he was
promoted to a higher grade. We agree with the opinion and recommendation
of the Air Force office of primary responsibility and adopt its rationale
as the basis for our conclusion that the applicant has not been the victim
of an error or injustice. Therefore, in the absence of evidence to the
contrary, we find no 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; the application was denied
without a personal appearance; and 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 BC-2005-03481 in Executive
Session on 31 January 2007, under the provisions of AFI 36-2603:
Mr. Michael J. Maglio, Panel Chair
Ms. Kathy L. Boockholdt, Member
Ms. Sharon B. Seymour, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Oct 2005, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. HQ AFPC/DPPPWB Letter, dated 27 Nov 06.
Exhibit D. Letter, SAF/MRBR, dated 15 Dec 2006.
MICHAEL J. MAGLIO
Panel Chair
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