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AF | BCMR | CY2010 | BC-2009-00901
Original file (BC-2009-00901.txt) Auto-classification: Denied
 RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2009-00901 

 COUNSEL: NONE 

 HEARING DESIRED: YES 

 

___________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

1. He be promoted to the grade of senior master sergeant. 

 

2. He be awarded the Purple Heart (PH) medal – (administratively 
corrected). 

 

___________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was not awarded the PH when he was wounded in 1968; therefore, 
he did not get promoted on time to the grades of technical sergeant 
(E-6), master sergeant (E-7), and senior master sergeant (E-8). 
The PH medal would have given him three additional points towards 
being promoted. He missed promotion to master sergeant by 2 points 
in the 74B7 promotion cycle and by .5 of a point in the 75B7 
promotion cycle. 

 

In support of his request, applicant provides a copy of letters of 
support, a copy of his promotion test score printouts, and a 
personal note. 

 

His complete submission, with attachments, is at Exhibit A. 

 

___________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted in the Regular Air Force and was 
progressively promoted to the grade of master sergeant, having 
assumed that grade effective and with a date of rank of 1 Oct 75. 
He retired after serving 22 years, 6 months, and 13 days on active 
duty. 

 

On 1 Dec 09, the Purple Heart Review Board reviewed and approved 
his request for the PH for a wound he received during a direct 
attack by the enemy on 16 Jun 68. 

 

___________________________________________________________________ 

 

 

 

AIR FORCE EVALUATION: 

 


AFPC/DPSOE recommends denying the applicant promotion to senior 
master sergeant. DPSOE states the applicant’s request should be 
barred by time. Due to the promotion history files not being 
available, DPSOE states they are unable to determine if he would 
have been selected for promotion earlier. Furthermore, DPSOE 
reviewed the governing regulation in affect at the time and found 
out the PH was worth only one point. As a result, he would have 
been promoted to master sergeant the cycle prior to his actual 
selection. 

 

His promotion resume: 

 

 GRADE DOR 

 

 TSGT 1 Mar 69 

 MSGT 1 Oct 75 

 

The DPSOE evaluation, with attachment, is at Exhibit C. 

 

___________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant provides documentation that shows he did not wait 
30 years before asking to be awarded the PH and promoted. After 
receiving the AFPC/DPSOE response, he felt he had no where else to 
turn to; however, it has bothered him so long that he continues to 
request a correction to his records. The DPSOE response was 
negative and they state that being awarded the PH may not have made 
a difference to his promotion in the 75B7 promotion cycle. He also 
points out that date of birth (DOB) has never been a factor in 
promotion consideration. He believes he deserves and is entitled 
to being promoted. 

 

The applicant’s 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 filed within three years after the 
alleged error or injustice was discovered, or could have been 
discovered, as required by Section 1552, Title 10, United States 
Code (10 USC 1552), and Air Force Instruction 36-2603. The 
essential facts which gave rise to the application were known to 
the applicant long before this application and, in fact, were 
contained in applications rejected on the merits by prior Boards. 
Thus, the application is untimely. 

 


3. Paragraph b of 10 USC 1552 permits us, in our discretion, to 
excuse untimely filing in the interest of justice. We have 
carefully reviewed applicant's submission and the entire record, 
and we do not find a sufficient basis to excuse the untimely filing 
of this application. The applicant asserts that he intentionally 
delayed this application until he perceived a climate more 
favorable to his request. This is not an acceptable basis for the 
Board to exercise its discretion under 10 USC 1552(b). The 
applicant has not shown a plausible reason for delay in filing, and 
we are not persuaded that the record raises issues of error or 
injustice that require resolution on its merits. We note the Air 
Force office of primary responsibility has agreed to 
administratively correct the applicant’s record to reflect award of 
the PH. Accordingly, we conclude that it would not be in the 
interest of justice to excuse the untimely filing of the 
application regarding his request for promotion to senior master 
sergeant. 

 

4. The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel will 
materially add to our understanding of the issue involved. 
Therefore, the request for a hearing is not favorably considered. 

 

_________________________________________________________________ 

 

DECISION OF THE BOARD: 

 

The application was not timely filed and it would not be in the 
interest of justice to waive the untimeliness. It is the decision 
of the Board, therefore, to reject the application as untimely. 

 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket Number 
BC-2009-00901 in Executive Session on 11 Mar 10, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence for Docket Number BC-2009-00901 
was considered: 

 

 Exhibit A. DD Form 149, dated 18 Mar 09, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSOE, dated 6 Jan 10, w/atch. 

 Exhibit D. Letter, SAF/MRBR, dated 5 Feb 10. 

 Exhibit E. Letter, Applicant, dated 10 Feb 10. 

 

 Panel Chair 



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