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).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was transferred from the Regular Army to the Air Force in the
grade of staff sergeant; however, because his records were
destroyed in the fire at the National Personnel Records Center in
1973, he is unable to provide supporting documentation.
In support of his request, the applicant provides copies of his
WD AGO Form 53 and correspondence from NPRC.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicants military records were destroyed in the 1973 fire
at the National Personnel Records Center (NPRC). According to
information provided by the applicant, he enlisted in the Regular
Army on 6 May 46 served until he was honorably discharged in the
grade of sergeant on 2 May 49.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of the
Air Force. Accordingly, there is no need to recite these facts
in this Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOE recommends denial. The applicant has not filed his
claim within the three-year time limit. His request can 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 therefrom. In the
applicant's case, he waited over 62 years before he petitioned
the Board. The applicant's delay in filing a claim has caused
prejudice to the Air Force as relevant records have been
destroyed or are no longer available, memories have failed, and
witnesses are unavailable. DPSOE further states the applicant
report of separation reflects the highest rank the applicant held
was sergeant and without official documentation to support
promotion to SSG, they must assume the applicant was discharged
in the correct grade.
The complete DPSOE evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on
21 Oct 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:
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 the record raises issues of error or injustice which
requires 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 AFBCMR Docket
Number BC-2011-02783 in Executive Session on 22 Feb 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Jul 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOE, dated 27 Sep 11.
Exhibit D. Letter, SAF/MRBR, dated 21 Oct 11.
Panel Chair
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