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AF | BCMR | CY2007 | BC-2007-01397
Original file (BC-2007-01397.doc) Auto-classification: Denied

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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