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AF | BCMR | CY2012 | BC-2012-01359
Original file (BC-2012-01359.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 
DOCKET NUMBER:  BC-2012-01359 
COUNSEL:  NONE 

IN THE MATTER OF: 
   
  HEARING DESIRED:  NO 
 
________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
His records be corrected to reflect he was promoted to the rank 
of  airman  third  class  (A3C,  E-2)  at  the  completion  of  Basic 
Military Training. 
 
________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
His  promotion  was  mistakenly  given  to  someone  else.    Had  he 
been  promoted  on  time,  he  would  have  been  separated  one  rank 
higher (E-5 versus E-4). 
 
In  support  of  his  request  the  applicant  provides  a  personal 
statement, copies of his DD Form 214, Report of Separation from 
the  Armed  Forces  of  the  United  States,  and  available  copies  of 
his military records. 
 
His complete submission, with attachments, is at Exhibit A. 
 
________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
On 17 Jul 1950, the applicant enlisted in the Regular Air Force. 
 
On  4  Dec  1953,  the  applicant  was  honorably  discharged  in  the 
rank  of  airman  first  class  (A1C,  E-4).    He  served  3  years,  4 
months, and 18 days on active duty.  
 
The  remaining  relevant  facts  pertaining  to  this  application, 
extracted  from  the  applicant's  military  records,  are  contained 
in  the  letter  prepared  by  the  appropriate  office  of  the  Air 
Force at Exhibit B.  
 
________________________________________________________________ 
 

 

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THE AIR FORCE EVALUATION: 
 
AFPC/DPSOE  recommends  the  applicant's  request  be  time  barred.  
Should  the  Board  choose  to  decide  the  case,  DPSOE  recommends 
it  be  denied  based  on  lack  of  official  documentation.    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).    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 58 years after discharge 
before he petitioned the 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 the 31-month timeframe.  In the 
absence  of  any  documentation  to  the  contrary,  DPSOE  has  no 
choice  but  to  assume  he  was  promoted  when  eligible  and 
recommended, and he was discharged in the correct grade. 
 
The complete DPSOE evaluation is at Exhibit B. 
 
________________________________________________________________ 
 
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 
 
On 8 Aug 2012, a copy of the Air Force evaluation was forwarded 
to the applicant for review and comment within 30 days.  As of 
this  date,  no  response  has  been  received  by  this  office 
(Exhibit C). 
 
________________________________________________________________ 
 
FINDINGS AND CONCLUSIONS OF THE BOARD: 
 
After  careful  consideration  of  the  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 
sufficient reason for the delay in filing on a matter now dating 
back over 58 years, which has greatly complicated the ability to 
determine the merits of his position.  We are also not persuaded 

 

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the  record  raises  issues  of  error  or  injustice  which  require 
resolution  on  the  merits.    He  has  not  provided  evidence  that 
supports he is the victim of error or injustice.  Therefore, in 
view  of  the  above,  we  cannot  conclude  it  would  be  in  the 
interest of justice to excuse the applicant’s 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 Docket Number BC-
2011-2012-01359  in  Executive  Session  on  15  Nov  2012,  under  the 
provisions of AFI 36-2603: 
 
  Panel Chair 
  Member 
  Member 
 
The following documentary evidence was considered in AFBCMR BC-
2012-01359: 
 
   Exhibit A.  DD Form 149, dated 8 Mar 2012, w/atchs. 
   Exhibit B.  Letter, AFPC/DPSOE, dated 6 Jul 2012. 
   Exhibit D.  Letter, SAF/MRBR, dated 8 Aug 2012. 
 
 
 
 
  
                                   Panel Chair 
 

 

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