RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-01397
INDEX CODE: 131.10
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY COMPLETION DATE: 7 NOVEMBER 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His DD 214, dated 31 Dec 77, be amended to read Senior Master Sergeant
(SMSgt) or Chief Master Sergeant (CMSgt).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He served 23 years of continuous active duty service during which time he
received only one senior noncommissioned officer promotion (SNCO) to master
sergeant (MSgt). He performed his duties in an outstanding manner and had
many highlights during his active duty career. He served in several
positions designated for senior and chief master sergeants. He was awarded
the Bronze Star Medal (BSM) for duties performed in Southeast Asia.
He asked various supervisors why he had not been promoted and was
repeatedly told that it was due to the fact that he entered the Air Force
at a higher grade than others. He has suffered an injustice.
In support of the application, the applicant submits a copy of his DD 214,
copies of orders, copies of award citations, and excepted and/or incomplete
copies of his performance reports.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 31 Mar 78, the applicant was honorably discharged and retired from
active duty in the grade of master sergeant. He served 25 years, 8 months
and 2 days on active duty.
The remaining relevant facts pertaining to this application, extracted from
the applicant’s military records, are contained in the letter prepared by
the appropriate office of the Air Force at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPWB recommends the applicant’s request be time-barred or denied.
DPPPWB states 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. 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. The applicant waited 29 years after retirement to petition the
AFBCMR.
DPPPWB states there are no provisions for an automatic promotion. Based on
his date of rank to MSgt, he would have been considered five times for
SMSgt under the Weighted Airman Promotion System before retiring. We are
unable to determine his promotion scores for these cycles as promotion
history files are only maintained for a period of 10 years.
The complete DPPPWB evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 20 Jun
07 for review and comment within 30 days. As of this date, this office has
received no response (Exhibit D).
_________________________________________________________________
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 took notice of the applicant’s
completion submission in judging the merits of the case; however, we agree
with the opinion and recommendation of the Air Force office of primary
responsibility in that no evidence exists in his records to indicate an
error or injustice was made that prevented his promotion to SMSgt or CMSgt.
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; 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 this application in Executive
Session on 9 Aug 2007, under the provisions of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Teri G. Spoutz, Member
Ms. Sharon B. Seymour, Member
The following documentary evidence was considered for AFBCMR Docket Number
BC-2007-01397:
Exhibit A. DD Form 149, dated 30 Apr 07 w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. HQ AFPC/DPPPWB, dated 29 May 07.
Exhibit F. Letter, SAF/MRBR, dated 20 Jun 07.
MICHAEL K. GALLOGLY
Panel Chair
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