Search Decisions

Decision Text

AF | BCMR | CY2007 | BC-2007-01507
Original file (BC-2007-01507.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-01507
            INDEX CODE:  131.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: Nov 14, 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected  to  reflect  he  was  promoted  to  the  grade  of
technical sergeant (TSgt) or master sergeant (MSgt) with a date of  rank  of
1 Oct 60.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was forced to sign a statement while under a great deal of stress.

He was treated bad because of the color of his skin and rushed  out  of  the
service for no reason and had no one to help or assist him.

His humanitarian reassignment request was declined.

He worked hard to do his best for his unit and the Air  Force.   His  career
was destroyed and it was unjust.

Upon his reentry into the Air Force, his date of rank was wrong.

In support of his request, the applicant provided a  statement  in  his  own
behalf.

The applicant's complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered the active duty  Air  Force  on  14  Jul  52  and  was
progressively promoted to the grade of staff sergeant (SSgt).  His  date  of
rank was 1 Oct 60.

He was honorably discharged for hardship on 29 Nov 68 in the grade of SSgt.

He re-entered the active duty Air Force on 28 May 69, after  having  a  six-
month break in service, in the grade of SSgt.

He was honorably retired in the grade of SSgt on 31 Jan 73 with a  total  of
20 years and 19 days active service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPWB recommends  denial.   The  case  should  be  time  barred.   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.  In the applicant’s case, he waited more  than  34  years  after
retirement to petition the AFBCMR.

There are no provisions for automatic promotion as the  applicant  requests.
A review of his record reflects no official documentation promoting  him  to
the grades of TSgt or MSgt.  DPPPWB was unable  to  verify  the  applicant’s
consideration for promotion to TSgt as  promotion  history  files  are  only
maintained for a period of  10  years  as  outlined  in  AFR  4-20,  Records
Disposition  Schedule,  Table  35-12,  Rule  29.   Ten  years  is  generally
considered  an  adequate  period  to  resolve  any  promotion  inquiries  or
concerns

The AFPC/DPPPWB complete 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  13
July 07 for review and comment within  30  days.   As  of  this  date,  this
office has not received a response.

_________________________________________________________________

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
complete submission in judging the merits of the  case;  however,  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 compelling  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-2007-01507
in Executive Session on 21 August 2007, under  the  provisions  of  AFI  36-
2603:

      Mr. Laurence M. Groner, Panel Chair
      Mr. Gregory A. Parker, Member
      Mr. Steven A. Cantrell, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, w/atch, dated 12 May 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPPWB, dated 13 Jun 07.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Jul 07.




                                   LAURENCE M. GRONER
                                   Panel Chair

Similar Decisions

  • AF | BCMR | CY2006 | BC-2006-02228

    Original file (BC-2006-02228.doc) Auto-classification: Denied

    They also stated his request for promotion to TSgt should be denied based on merit as they found nothing in his record to indicate an error or injustice was made that prevented him from being promoted or considered for promotion. The DPPPWB complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 18 Aug 06, a copy of the Air Force evaluation was forwarded to the applicant for review and comment...

  • AF | BCMR | CY2007 | BC-2007-01397

    Original file (BC-2007-01397.doc) Auto-classification: Denied

    _________________________________________________________________ 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). 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...

  • AF | BCMR | CY2004 | BC-2003-00059

    Original file (BC-2003-00059.DOC) Auto-classification: Denied

    _________________________________________________________________ APPLICANT CONTENDS THAT: He served in the grade of master sergeant (MSgt) from 1 October 1974 to 3 December 1974; therefore, he should be retired in that grade. The DPPRRP evaluation is at Exhibit D. The SAFPC Legal Advisor concurs with DPPPWB that denial of the applicant’s request is appropriate since he voluntarily refused promotion to MSgt. In response to DPPRRP’s request for review, the SAFPC Legal Advisor states that...

  • AF | BCMR | CY2002 | 0200851

    Original file (0200851.doc) Auto-classification: Denied

    In the applicant's case, he waited almost 7 years after he states he discovered the alleged error or injustice before he filed a claim, although the applicant knew when he applied for retirement in 3 Oct 67, the highest grade he held on active duty was master sergeant (MSgt). Therefore, based on the rationale provided they recommend denying the applicant’s request (Exhibit C). In the applicant's case, the grade is MSgt (Exhibit D).

  • AF | BCMR | CY2008 | BC-2007-02215

    Original file (BC-2007-02215.doc) Auto-classification: Denied

    Her promotion test to staff sergeant (SSgt) for cycle 88A5 be scored and credited for promotion. DPPPWB finds no error or injustice occurred when the applicant was required to retest after it was discovered that she took the wrong test. ________________________________________________________________ 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...

  • AF | BCMR | CY2002 | 0103514

    Original file (0103514.doc) Auto-classification: Denied

    DPPPWB further states the Air Force, after 56 years and limited records, cannot determine if the applicant should have been promoted earlier than he was. Therefore based on the rationale provided they recommend denying the applicant’s request (Exhibit D). He further states that he was promoted at the time of his discharge and the promotion was not affiliated with his flying years, the practice at that time was to promote each enlisted man one grade at time of discharge (Exhibit F).

  • AF | BCMR | CY2007 | BC-2007-01992

    Original file (BC-2007-01992.DOC) Auto-classification: Approved

    Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice to warrant that the applicant be considered for supplemental promotion to the grade of SSgt (E-5) with a TAFMSD of 17 March 1986, as adjusted by AFPC in 2006, beginning with cycle 91B5, and, if he is selected for promotion to SSgt by supplemental consideration, he be provided any additional supplemental consideration required as a result of that selection for promotion to the grades of...

  • AF | BCMR | CY2007 | BC-2007-00005

    Original file (BC-2007-00005.doc) Auto-classification: Denied

    2 Jan 90 through 1 Jan 91 (Applicant refers to as EPR #3) C. 2 Jan 91 through 23 Sep 91 (Applicant refers to as EPR #1) He be given supplemental promotion consideration to the grade of master sergeant (MSgt). Applicant states it should be noted that this EPR started while he was assigned at Hahn Air Base (AB) Germany, but ended at MacDill Air Force Base (AFB), Florida. Applicant submitted an addendum to his application discussing the Weighted Airman Promotion cutoff scores for individuals...

  • AF | BCMR | CY2004 | BC-2004-02397

    Original file (BC-2004-02397.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02397 INDEX CODE: 107.00 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he received a promotion to technical sergeant (TSgt) while he was a Prisoner of War (POW). _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPPWB...

  • AF | BCMR | CY2005 | BC-2005-00479

    Original file (BC-2005-00479.doc) Auto-classification: Denied

    _________________________________________________________________ STATEMENT OF FACTS: The former military member’s separation documents and enlistment records indicate he enlisted in the Regular Air Force on 9 March 1948 with prior regular active duty Army service time of 2 years, 3 months and 10 days. He enlisted in the Regular Air Force on 15 September 1955 and served on active duty until 30 June 1968 at which time he was honorably relieved from active duty and retired in the grade of...