RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04613
(DECEASED) COUNSEL: NONE
(APPLICANT) HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her father be posthumously promoted to the grade of captain (O-3).
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her father had been carrying out the duties and responsibilities
of a captain from Dec 44 until his death in Apr 45 as is evidenced
by the entries in her fathers combat journal.
In support of her appeal, the applicant provides copies of
excerpts from the deceased former members military personnel
records, excerpt from his combat journal, and a letter by the
decedents brother to the President.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
According to available records, the deceased former member began
his military service on 29 Jul 43 and was eventually stationed in
the European Theater of Operations as a pilot of a B-26 Bomber.
On 24 Apr 45, the deceased former members aircraft was shot down
while on an operation over Germany and he was subsequently
reported as missing in action. On 24 Aug 45, the deceased former
member was reported as killed in action.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of the
Air Force which is attached at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
APPC/DPSOO recommends the applicants request be denied as
untimely, indicating there is no evidence of an error or
injustice. The applicant has not provided any evidence to show
her father was recommended for promotion prior to his death.
Additionally, there is no documentation available to determine
when he was promoted to first lieutenant in order to determine if
he was even eligible for promotion to captain at the time of his
death. The very reason for a statute of limitations, like that
found in 10 USC 1552 and AFI 36-2603, Air Force Board for
Correction of Military Records, include the fact that stale claims
cannot be adequately addressed because the passage of time has
resulted in the loss or destruction of the records needed to
adjudicate the claim.
DPSOOs complete 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 1 May 12 for review and comment within 30 days (Exhibit D). As
of this date, no response has been received by this office.
_________________________________________________________________
FINDINGS AND CONCLUSIONS OF THE BOARD:
After careful consideration of applicants request and the
available evidence of record, we find the application untimely.
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. 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 applicants failure to file in a timely manner.
________________________________________________________________
THE BOARD DETERMINES THAT:
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-2011-04613 in Executive Session on 12 Jul 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-04613 was considered:
Exhibit A. DD Form 149, dated 14 Nov 11, w/atchs.
Exhibit B. Applicant's Available Personnel Records.
Exhibit C. Letter, AFPC/DPSOO, dated 13 Apr 12.
Exhibit D. Letter, SAF/MRBR, dated 1 May 12.
Panel Chair
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