RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04138
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect that he was promoted to the
grade of staff sergeant (E-5), instead of airman first class
(E-4).
________________________________________________________________
APPLICANT CONTENDS THAT:
He should have been promoted to the grade of staff sergeant
(E-5) as he had sufficient time in grade at the time of his
separation.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records were apparently
located in the area most heavily damaged in the fire at the
National Personnel Records Center in 1973.
According to the limited records available, the applicant
enlisted in the Regular Air Force on 8 Jan 51 in the grade of
Airman Basic (E-1) and served on active duty until 7 Jan 55,
when he was honorably discharged in the grade of airman first
class (E-4) at the expiration of his term of service and was
credited with four years of total active service.
The remaining relevant facts pertaining to this application are
described in the letter prepared by the Air Force office of
primary which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOE recommends denial, indicating the applicants delay
regarding a matter dating back over 57 years has greatly
complicated its ability to determine the merits of his position.
The applicant has not filed within the three-year time
limitation imposed by AFI 36-2603, Air Force Board for
Correction of Military Records. The applicants request may
also be dismissed under the equitable doctrine of laches, which
denies relief due to unreasonably and inexcusably delayed
asserting a claim.
Due to the limited availability of the applicants records
(destroyed in the 1973 fire at NPRC), it is impossible to
determine if promotion was appropriate and the applicant has not
provided any official documentation supporting his claim.
A complete copy of the AFPC/DPSOE 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 6 Nov 12 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:
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-2012-04138 in Executive Session on 23 May 13, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Aug 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOE, dated 10 Oct 12.
Exhibit D. Letter, SAF/MRBR, dated 6 Nov 12.
Panel Chair
AF | BCMR | CY2014 | BC 2014 01430
The Board should find it in the interest of justice to consider his untimely application because not correcting his record affects his DVA treatment. The complete DPSOE evaluation is at Exhibit D. AFPC/DPSIRP recommends denial of the applicants request to change his service number. The complete DPSIRP evaluation is at Exhibit E. APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: On 18 December 2014, copies of the Air Force evaluations were forwarded to the applicant for review and comment...
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 | CY2014 | BC 2014 01137
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSOE recommends denial due to the untimely filing of this application. He had a date for promotion to SSgt under the WAPS system in 1970, and if he had reenlisted he would have been promoted. Due to the fact that he was not awarded the PH and AFCM in 2009 and 2010, timing...
AF | BCMR | CY2010 | BC-2010-04729
To be eligible for promotion to E-4, an individual must have had 8 months time in grade, possess a 3-skill level Air Force Specialty Code (AFSC), and be recommended by the commander. A complete copy of the AFPC/DPSOE evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant contends the time requirements for consideration of his application should be waived as he believes he has suffered an...
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 | 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 | 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 | CY2011 | BC-2011-04271
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04271 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His grade/rank on his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect E4. A review of the applicants record reveals no promotion orders to the rank of A1C. The complete DPSOE evaluation is at...
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 | 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). ...