RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER: BC-2013-02400
                                                COUNSEL:  NONE
	 					HEARING DESIRED:  NO

    

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APPLICANT REQUESTS THAT:

1.  Her husband be retroactively promoted to the grade of Airman 
First Class (A1C, E-4).  

2.  She receive back pay and compensation.  

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APPLICANT CONTENDS THAT:

Her husband’s denial of advancement was racially motivated.  
This was during the peak of racial injustice and discrimination.  

Between Apr 1963 and Oct 1964, her husband was stationed in 
Brindisi, Italy.  During this time, he received an evaluation 
that would determine his promotion.  He was confident he would 
be promoted but the promotion was denied.  He always felt the 
reason was racially motivated and could not envision any other 
reason he was denied promotion.  For the next 44 years, 
including the year he died, he would periodically speak of this 
injustice.  

In the interest of justice, the applicant requests the Board 
consider the application.  This unjust decision affected his 
salary and retirement income for him and his family.  

The evaluation should be reviewed and the Board determine, 
without prejudice, if the evaluation warranted a promotion and 
the benefits that went with it.  

In support of her request, the applicant submits a personal 
statement and a copy of her husband’s death certificate.

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

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STATEMENT OF FACTS:

On 23 Oct 1962, the deceased member entered active duty.  He was 
honorably discharged on 21 Oct 1966 in the grade of Airman 
Second Class (E-3).  

He served 3 years, 11 months and 29 days on active duty.

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AIR FORCE EVALUATION:

AFPC/DPSOE recommends the applicant’s request be time barred.  
The applicant’s delay regarding a matter now dating back over   
46 years has greatly complicated its ability to determine the 
merits of her position.  The application has not been filed 
within the three-year time limitation imposed by Air Force 
Instruction 36-2603, Air Force Board for Correction of Military 
Records.  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.  It 
has been more than 46 years since the deceased’s discharge and 
the unreasonable delay 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.  

Promotions during this timeframe were made at the Major Command, 
unless delegated by the Major Command to the Wing, Group, or 
Squadron levels.  Headquarters (HQ) United States Air Force 
(USAF) distributed promotion quotas to the Major Commands based 
on projected vacancies within each career field subdivision.  
Promotion boards selected individuals and the quotas received 
determined the number that could be promoted.  To be considered 
for promotion to A1C during the timeframe in question, minimum 
eligibility requirements such as time in grade, skill level, and 
recommendation by the commander were necessary for 
consideration, but did not guarantee promotion.   We also 
believe supervisors and commanding officers at the time were in 
a better position to evaluate the applicant’s potential and 
eligibility for promotion.  Promotion history files are only 
maintained for a period of 10 years as outlined in Air Force 
Manual 37-139, Records Disposition Schedule.  Ten years is 
generally an adequate period of time to resolve any promotion 
inquiries or concerns.  

Should the Board choose to decide the case, recommend it be 
denied based on lack of official documentation.  A review of his 
final Air Force Form 909, Performance Report, for the period of 
1 Apr 1965 to 31 Mar 1966, reveals average ratings.



The complete DPSOE evaluation is at Exhibit C.  

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 5 Jul 2013, a copy of the Air Force evaluation was forwarded 
to the applicant for review and comment within 30 days.  As of 
this date, this office has not received a response (Exhibit D).  

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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 46 years, which has greatly complicated the ability to 
determine the merits of the applicant’s position.  We are not 
persuaded the record raises issues of error or injustice which 
requires resolution on the merits based on the lack of official 
documentation to support her request.  Her husband’s personal 
sacrifice and unselfish service to his country is noted and our 
decision in no way lessens our regard for his service; however, 
in view of the above, we cannot conclude it would be in the 
interest of justice to excuse the 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 AFBCMR Docket 
Number BC-2013-02400 in Executive Session on 13 Mar 2013, under 
the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member
		 



The following documentation was considered in AFBCMR Docket 
Number BC-2013-02400:

    Exhibit A.  DD Form 149, dated 13 May 2013, w/atchs.
    Exhibit B.  Applicant’s Military Service Records. 
    Exhibit C.  Letter, AFPC/DPSOE, dated 17 Jun 2013
    Exhibit D.  Letter, SAF/MRBR, dated 5 Jul 2013.  
    
    



                                    
                                   Panel Chair