RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02988
		
			COUNSEL:  NONE
		
			HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

1.	He be retroactively promoted to the grade of E-8 and E-9, 
with back pay and allowances, effective 1972.

2.	He receive the Legion of Merit (LOM).

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APPLICANT CONTENDS THAT:

A member of the E-9 promotion board (1971) told him that a 
colonel told the promotion board they would not promote him. The 
member of the promotion board also said he would deny that he 
was selected for promotion.

A lieutenant general wanted him to have the Legion of Merit 
(LOM).

In support of his appeal, the applicant provides over 1000 pages 
of newsletters and documentation from his master personnel 
records.


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

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STATEMENT OF FACTS:

The applicant is a former member of the Air Force.  He was 
promoted to the grade of master sergeant on 1 October 1967.  

On 21 January 1976, the applicant acknowledged he was ineligible 
for promotion consideration for the FY78 cycle.  He retired 
effective 1 June 1977 in the grade of master sergeant.

The remaining relevant facts pertaining to this case are 
contained in the letter prepared by the Air Force office of 
primary responsibility which is listed at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPSOE recommends the application be time barred.  The 
application was not filed within the three-year time limitation 
imposed by AFI 36-2603, Air Force Board for Correction of 
Military Records.  In addition to the application being untimely 
under the statute of limitations, the 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 this case, the applicant waited 36 years after 
retirement to petition the Board.  The applicant’s unreasonable 
delay has also caused prejudice to the Air Force as relevant 
records have been destroyed or no longer available, memories 
have failed and witnesses are unavailable.  

Until 1970, promotions were made at the Major Command, unless 
delegated by the Major Command to the Wing, Group or Squadron 
levels.  HQ USAF distributed promotion vacancies within each 
career field.  Promotion Boards selected individuals and the 
quotas received determined the number that could be promoted.  
To be considered for promotion to senior master sergeant E-8, an 
individual must have 24 months time-in-grade, a 7 or 9-skill 
level in their control Air Force Specialty Code (CAFSC) and be 
recommended by the commander.  

Beginning with promotion cycle CY72, senior NCO’s were 
considered for promotion to senior and chief master sergeant 
under the weighted airman performance system.  The competition 
for promotion to the top two grades is extremely intense since, 
by law, only three percent of the total enlisted force can serve 
in these grades.  Central NCO Evaluation Boards were established 
to identify the best qualified individuals regardless of command 
assignment.  Board members do not select or nonselect eligible 
NCOs for promotion.  They score records individually using a 
secret ballot without discussion with one another.  

Based on the applicant’s date of rank to master sergeant, he 
would have been eligible for promotion consideration to senior 
master sergeant during the during the 1969 promotion cycle.  
There are no orders in the applicant’s master personnel record 
indicating that he was promoted to the grade of senior master 
sergeant.

The applicant was never selected for promotion to senior or 
chief master sergeant.

The complete DPSOE evaluation is at Exhibit C. 

AFPC/DPSID recommends denial of the applicant’s request to be 
awarded the Legion of Merit.  In accordance with AFM 900-3, 
dated 27 April 1971, the LOM is awarded for exceptionally 
meritorious conduct in the performance of outstanding service to 
the United States.  In peacetime, awards to United States 
military personnel are generally limited to recognizing service 
in an extremely difficult duty which is performed in a clearly 
exceptional manner, if such service is marked national or 
international significance or of marked significance to the Air 
Force of Department of Defense; or, service which has aided the 
United States in furthering its national policies; or, service 
which has furthered the interests or the security of the United 
States.  Superior performance of normal duties will not alone 
justify award of this decoration.

After a thorough review of the applicant’s official military 
record, there is no verification he was recommended for, or 
awarded the LOM.  He has provided over 700 pages of homemade 
collages, newspaper clippings and various memos; however, there 
was no documentation submitted to support his claim for the LOM.  

The complete DPSID evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 24 December 2013, for review and comment within 
30 days (Exhibit E).  As of this date, this office has received 
no response.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing 
law or regulations.

2.  The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice.  We took 
notice of the applicant’s complete submission in judging the 
merits of the case; however, we are not persuaded by the 
evidence submitted in this appeal that he is entitled to the 
relief he seeks.  While the applicant contends he should have 
been promoted to E-8 and E-9, he has submitted no evidence he 
was ever selected for promotion to those grades.  Additionally, 
the record reflects the applicant signed an acknowledgement that 
he understood he was not eligible for promotion consideration.  
With regard to his request for award of the LOM, there was no 
evidence submitted to substantiate the applicant was recommended 
for or awarded the LOM.  Therefore, we agree with the opinion 
and recommendation of the Air Force offices of primary 
responsibility and adopt their rationale for the basis of our 
conclusion that the applicant has not been the victim of an 
error or injustice.  While we are grateful for the applicant’s 
service to our nation, in the absence of persuasive evidence to 
the contrary, we find no basis to recommend granting the relief 
sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not 
demonstrate the existence of an error or injustice; that the 
application was denied without a personal appearance; and that 
the application will only be reconsidered upon the submission of 
newly discovered relevant evidence not considered with this 
application.

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2013-02988 in Executive Session on 11 March 2014, 
under the provisions of AFI 36-2603:


The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 13 Jun 13, w/atchs.
     Exhibit B.  Applicant’s Master Personnel Records
     Exhibit C.  Letter, AFPC/DPSOE, dated 17 Jul 13.
     Exhibit D.  Letter, AFPC/DPSID, dated 16 Sep 13.
     Exhibit E.  Letter, SAF/MRBR, dated 24 Dec 13.