RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02908
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
His grade, as reflected on his DD Form 214, Report of Separation
from the Armed Forces, be corrected to reflect SSgt instead of
SSgt(T).
________________________________________________________________
APPLICANT CONTENDS THAT:
He served his country for over three years and feels he needs to
set the record straight.
In support of his request, the applicant provides copies of his
DD Form 214 and a copy of a published article titled,
Correcting of Military Records.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted
from the applicants military personnel records, are contained
in the letter prepared by the Air Force office of primary
responsibility which is at Exhibit C. Accordingly, there is no
need to recite these facts in this Record of Proceedings.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOE indicates the applicants request has not been filed
within the three-year time limitation imposed by AFI 36-2603, Air Force Board for Correction of Military Records. In addition
to being untimely under the statute of limitations, the 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. The applicant waited 58 years after
discharge before petitioning the AFBCMR. His unreasonable delay
has caused prejudice to the Air Force as relevant records have
been destroyed or are no longer available, memories have faded,
and witnesses are unavailable. There is no documentation in the
applicants very limited record regarding his promotion to staff
sergeant, other than his DD Form 214 reflecting the date of his
appointment to SSgt(T) as 1 May 52. The (T) indicates that it
was a temporary promotion, which was only accomplished when
special authorization for these promotions was announced by the
Secretary of the Air Force, or as prescribed by AFR 53-2 for
airmen who are selected to attend Air Force Officer Candidate
School. While the applicant believes the (T) should be
removed because he served almost 48 months on active duty, the
policy in effect at the time would have required him to serve at
least 54 months on active duty, he would not have been eligible
for advancement to the permanent grade of staff sergeant until
at least 1 Mar 53, several months after his discharge on
31 Jul 52.
A complete copy of the AFPC/DPSOE 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 22 Apr 11 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit D).
________________________________________________________________
FINDINGS AND CONCLUSIONS OF THE BOARD:
After careful consideration of applicants request and the
available evidence of record, we find the application untimely.
The application was not filed within three years after the
alleged error or injustice was discovered as required by
Title 10, United States Code, Section 1552 and Air Force
Instruction 36-2603. The applicant has not shown a plausible
reason for the delay in filing, and we are not persuaded the
record raises issues of error or injustice which require
resolution on the merits. Thus, we cannot conclude it would be
in the interest of justice to excuse the failure to file in a
timely manner.
________________________________________________________________
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-2010-02908 in Executive Session on 26 Jul 11, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 Aug 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOE, dated 30 Nov 10, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 22 Apr 11.
Panel Chair
AF | BCMR | CY2014 | BC 2014 00817
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00817 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His rank at the time of discharge reflects staff sergeant (SSgt) rather than sergeant (Sgt). DPSOE 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, 1 March 1996. The applicants complete...
AF | BCMR | CY2013 | BC 2013 04297
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04297 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect that his rank at the time of his discharge was Staff Sergeant (SSgt, E-6), instead of Sergeant (Sgt, E-5). The applicants available military personnel records indicate that he entered active duty on 3 May 46. The...
AF | BCMR | CY2013 | BC 2013 05725
The application has not been filed within the three-year time limitation imposed by Air Force Instruction 36-2603, Air Force Board for Correction of Military Records. Promotion boards selected individuals and the quotas received determined the number that could be promoted. Based on his DOR to Sgt, he would have been eligible for promotion consideration to the grade of SSgt beginning in 1969.
AF | BCMR | CY2013 | BC 2013 02400
During this time, he received an evaluation that would determine his promotion. In the interest of justice, the applicant requests the Board consider the application. The complete DPSOE evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 5 Jul 2013, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days.
AF | BCMR | CY2011 | BC-2011-00080
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00080 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be promoted to the grades of senior master sergeant (E-8) and chief master sergeant (E-9). The applicant did not file within three years after the alleged error or injustice was discovered as required by Title 10, United States Code, Section 1552...
AF | BCMR | CY2011 | BC-2011-02783
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02783 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His WD AGO Form 53, Enlisted Record and Report of Separation, Honorable Discharge, be corrected to reflect he was discharged from the Air Force versus the Army in the rank of staff sergeant (SSG) rather than sergeant (Sgt). ...
AF | BCMR | CY2013 | BC 2013 03962
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03962 COUNSEL: NONE (DECEASED FORMER SERVICE MEMBER) HEARING DESIRED: NO (APPLICANT) APPLICANT REQUESTS THAT: 1. The service member received an overall rating of 9 on the APR rendered for the period 20 Jul 74 through 26 May 75 with a recommendation to promote. The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force...
AF | BCMR | CY2014 | BC 2014 01137
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSOE recommends denial due to the untimely filing of this application. He had a date for promotion to SSgt under the WAPS system in 1970, and if he had reenlisted he would have been promoted. Due to the fact that he was not awarded the PH and AFCM in 2009 and 2010, timing...
AF | BCMR | CY2012 | BC-2012-01967
DPSOE states although they cannot determine whether the applicant was actually considered and selected for promotion to SMSgt, they can verify that he would have become ineligible for promotion due to his declination of assignment to Vietnam. The application has not been filed within the three-year time limitation imposed by AFI 36-2603, Air Force Board for 2 Correction of Military Records (AFBCMR). Exhibit B. Applicant’s Master Personnel Records.
AF | BCMR | CY2010 | BC-2010-04376
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04376 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His rank at the time of his discharge be corrected to reflect (E-7) master sergeant versus (E-6) technical sergeant. His DD Form 214 reflects he was honorably retired in the grade of technical sergeant (E-6) effective 30 Sep 67, after serving 20...