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AF | BCMR | CY2011 | BC-2011-00080
Original file (BC-2011-00080.txt) Auto-classification: Denied
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 applicant’s request be time barred. 
DPSOE states 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 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 applicant’s 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 



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