RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03659
INDEX CODE: 128.05
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 1 JUN 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he was retired in the grade of master
sergeant (E-7) and he be paid all back pay and eligible allowances.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Erroneous documentation filed in his military personnel records
prevented him from receiving fair promotion opportunities and forced
him to retire early.
In support of his request, the applicant provided a personal
statement, and excerpts from his military personnel records.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s records reflect he enlisted in the Regular Air Force
on 1 September 1955, for a period of four years. He was progressively
promoted to the grade of technical sergeant and retired in that grade
on 1 September 1975. He served a total of 20 years active duty
service. On 22 September 2006, his records were administratively
corrected to reflect award of the Air Medal w/1 OLC, the AFCM (Basic),
the Vietnam Service Medal, and the NCO Professional Military Education
Ribbon.
________________________________________________________________
AIR FORCE EVALUATION:
DPPPWB recommends denial. DPPPWB states the applicant’s request
should be time barred. Should the Board choose to decide the case,
recommend his request be denied based on lack of official
documentation/promotion history files. The application was not filed
within the three-year time limitation imposed by AFI 36-2303, Air
Force Board for Correction of Military Records, (AFBCMR) paragraph
3.5. 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
delayed asserting a claim. Laches consist of two elements;
inexcusable delay and prejudice to the Air Force resulting there from.
According to DPPPWB the applicant waited more than three years after
discharge to petition the AFBCMR. He states he was unaware of the
errors until he received his records from the National Personnel
Records Center in 2005.
DPPPWB states it appears the erroneous absent without leave (AWOL)
documentation did not affect his promotions. DPPPWB is unable to
determine what affect the added decorations would have had on the
applicant’s promotion as promotion history files are only maintained
for a period of 10 years as outlined in AFR 4-20, Table 35-12, Rule
29, “Records Disposition Schedule”. There is no documentation in the
applicant’s record indicating he was ever promoted to or held the
grade of master sergeant.
The DPPWB evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states the errors in his military personnel records are
proof of unfair and unjust treatment in the promotion system due to
poor record keeping by the civilian base personnel office from 1955
through 1975. He requested correction of his records within three
years after discovering the error and therefore should not be
dismissed based on the three-year time limitation. If decorations
were not posted in records during the Vietnam Era, individuals would
not be promoted due to lost of points and lack of recognition of
accomplishments. In regard to the statement from the advisory stating
there is no documentation is his records indicating he was ever
promoted to or held the grade of master sergeant, he provided a copy
of a medical consult reflecting the grade of master sergeant.
The applicant’s complete response, with attachments, 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. We believe there may have been
mitigating circumstances based on erroneous documentation filed in his
records, however; we also believe the applicant had several
opportunities to recognize and correct the errors in his records prior
to promotion consideration as well as prior to his retirement from
service, and he failed to use due diligence to correct the errors.
The Board notes it is not possible to determine what affect, if any,
the missing decorations, or the erroneous documents filed in the
applicant’s personnel record, impacted his promotion opportunities as
promotion history files are only maintained for a period of 10 years.
There also is no official documentation in the applicant’s records;
i.e., promotion order to indicate he was ever promoted to, or held the
grade of master sergeant. We also note the applicant’s records will
be administratively corrected to reflect award of the AFCM w/1 OLC and
his service number corrected to reflect 14586283. In the absence of
persuasive 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; 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 BC-2006-
03659 in Executive Session on 3 May 2007, under the provisions of AFI
36-2603:
Mr. James W. Russell III, Panel Chair
Ms. Maureen B. Higgins, Member
Ms. Josephine L. Davis, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Nov 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPWB, dated 23 Jan 07.
Exhibit D. Letter, SAF/MRBR, dated 9 Feb 07.
Exhibit E. Letter, Applicant, dated 2 Mar 07, w/atchs.
JAMES W. RUSSELL III
Panel Chair
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