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).
________________________________________________________________
APPLICANT CONTENDS THAT:
He was denied promotion to senior master sergeant (E-8) and
chief master sergeant (E-9) due to bigotry, prejudice and
discrimination.
________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty on 29 December 45 and was
progressively promoted to the grade of master sergeant, having
assumed that grade effective and with a date of rank of 1 Oct
55.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOE recommends the applicants request be time barred.
DPSOE states in addition to being untimely under the statute of
limitations, the applicants 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
applicants case, he waited more than 43 years after retirement
before he petitioned the AFBCMR. His unreasonable delay has
also caused prejudice to the Air Force as relevant records have
been destroyed or are no longer available, memories have failed
and witnesses are unavailable. Furthermore, the applicant
provides no explanation as to the delay in submitting his
application or documentation supporting his contentions. DPSOE
states promotion history files are only maintained for a period
of 10 years as outlined in the regulation; therefore DPSOE is
unable to determine the results of his promotion consideration.
Ten years is generally considered an adequate period to resolve
any promotion inquiry or concern.
The complete DPSOE evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the advisory opinion and furnished a
response regarding the statutory limitations which is attached
at Exhibit D.
_____________________________________________________________
FINDINGS AND CONCLUSIONS OF THE BOARD:
We have carefully reviewed the applicants submission and the
evidence of record and do not find a sufficient basis to excuse
the untimely filing of this application. 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 and Air Force Instruction 36-2603, Air Force Board for
Correction of Military Records. The applicant has not shown a
plausible reason for the delay in filing, and we are not
persuaded that 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
untimely filing of this application.
_______________________________________________________________
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 Docket Number BC-
2011-00080 in Executive Session on 1 November 2011, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Dec 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOE, dated 3 Mar 11.
Exhibit D. Letter, SAF/MRBR, dated 1 Apr 11.
Exhibit E. Letter, Applicant, dated 7 Mar 11.
Panel Chair
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 | CY2014 | BC 2014 00065
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00065 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her rank of E-3, airman first class be corrected to reflect E-4, sergeant. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOE recommends the application be time barred. The application was not filed...
AF | BCMR | CY2013 | BC 2013 05259
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05259 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect his grade as staff sergeant (E-5) rather than airman first class (E-4). The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force,...
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 | 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 02988
The remaining relevant facts pertaining to this case are contained in the letter prepared by the Air Force office of primary responsibility which is listed at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOE recommends the application be time barred. Promotion Boards selected individuals and the quotas received determined the number that could be promoted. With regard to his request for award of the LOM, there was no evidence...
AF | BCMR | CY2012 | BC-2012-01359
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 (AFBCMR). Due to the passage of time and lack of promotion history files, DPSOE is unable to determine why the applicant was promoted to his various ranks on the dates reflected in his record. However, the total time-in-grade required to be considered for promotion from E-1 to E-4 was 30 months, and the applicant was promoted at...
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...
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 | CY2010 | BC-2010-02908
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...