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AF | BCMR | CY2007 | BC-2006-03481
Original file (BC-2006-03481.doc) Auto-classification: Denied

                       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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