RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03542
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be considered for promotion to the grade of Master Sergeant
(MSgt).
________________________________________________________________
APPLICANT CONTENDS THAT:
In 1969, he was hospitalized for almost two years as a result of
injuries incurred during a helicopter crash and was not
considered for promotion to the grade of MSgt.
He should have received fair and just consideration for
promotion to the grade of MSgt based on his Time in Service
(TIS), Time in Grade (TIG) and proficiency reports.
His records were corrected to show he was awarded the Purple
Heart (PH). He should receive supplemental promotion
consideration to the grade of MSgt based on the correction to
his records.
In support of his request, the applicant provides a personal
statement, his Department of Veterans Affairs (DVA) rating
decision, copies of his retirement order, AF Form 1042, Medical
Recommendation for Flying Duty; AFBCMR Directive, DD Form 214,
Armed Forces of the United States Report of Transfer or
Discharge; and DD Form 215, Correction to DD Form 214,
Certificate of Release or Discharge from Active Duty.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 1 Jun 1955, the applicant entered active duty.
On 19 Jul 1969, while assigned at U-Tapeo AB, Thailand he was
injured in a helicopter crash and was hospitalized. The
applicant sustained multiple facial fractures, left hip
fracture, avulsed right patella, lacerated left kidney, injury
to his lungs and skull fracture.
On 1 Oct 1970, he was promoted to the grade of Technical
Sergeant (TSgt).
On 31 Aug 1976, he was retired in the grade of TSgt.
He served 21 years, 2 months and 30 days on active duty.
On 8 Mar 2013, his records were corrected to show he was awarded
the PH on 19 Jul 1969.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOE recommends the applicants request be time barred.
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. In addition to being untimely
under the statute of limitations, the applicants 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 applicants case, he waited almost 37 years after
retirement before he petitioned the corrections to his record.
Based on the applicants Date of Rank (DOR) to the grade of
TSgt, he would have been eligible for promotion consideration to
the grade of MSgt under the Weighted Airman Promotion System
(WAPS) beginning with cycle 73A7. DPSOE is unable to verify
whether the applicant was considered for promotion or if the
addition of the PH would have rendered him a select during a
particular cycle as promotion history files are only maintained
for a period of 10 years as outlined in AFR 4-20, Records
Disposition Schedule, paragraph 35-12, Rule 29. Ten years is
generally considered an adequate period to resolve any promotion
concerns.
Should the Board choose to decide the case, DPSOE recommends the
applicants request for supplemental promotion consideration to
the grade of MSgt be denied since the files used in the
promotion process no longer exist.
The complete DPSOE evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 29 Oct 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).
_________________________________________________________________
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 error or injustice. We note that
on 8 Mar 2013, the applicants records were retroactively
corrected to show he was awarded the PH on 19 Jul 1969. In view
of this correction the applicant is now requesting supplemental
promotion consideration to the grade of MSgt with the inclusion
of the PH. Regrettably, promotion records are only kept on file
for 10 years In Accordance With (IAW) AFR 4-20, Records
Disposition Schedule, as such, there are no promotion records
available to verify whether the applicant was considered for
promotion or if the award of the PH would have rendered him a
select. Therefore, we find no basis to recommend granting the
relief sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material 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-2013-03542 in Executive Session on 15 May 2014, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence in AFBCMR Docket Number BC-
2013-03542 was considered:
Exhibit A. DD Form 149, dated 22 Jul 2013, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOE, dated 6 Sep 2013.
Exhibit D. Letter, SAF/MRBR, dated 29 Oct 2013.
Panel Chair
AF | BCMR | CY2013 | BC 2013 03312
His Date of Rank (DOR) to the grade of Airman First Class (A1C) be corrected to 31 Jul 2001 (Administratively Corrected). In a letter dated 10 Jan 2014, AFPC/DPSOE advised the applicant his DOR to the grades of SrA, SSgt, TSgt and MSgt were administratively corrected and that he would receive supplemental promotion consideration for promotion to the grade of SMSgt during the May 2014 Senior Noncommissioned Officer (SNCO) Supplemental Promotion Board. After a thorough review of the...
AF | BCMR | CY2013 | BC 2013 04035 (2)
In a letter dated 22 Oct 13, the demotion authority reinstated his grade to SSgt with his original Date of Rank (DOR) of 9 Jan 13. As such, if the applicant wants to make a request to remove the referral EPRs, he must first exhaust all available avenues of administrative relief provided by existing law or regulations, such as the Evaluation Report Appeals Board (ERAB) prior to seeking relief before this Board, as required by the governing Air Force Instruction. ...
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 | CY2013 | BC-2012-03318
Notwithstanding the correction to his records, the applicant asserts he would have been promoted to TSgt effective 1 Jan 2012 had his CAFSC been correctly reflected in his records. We note that the applicants effective date of his CAFSC was corrected and he received supplemental promotion consideration to the grade of TSgt in his CAFSC and was selected. The applicant is now contending that had his CAFSC been correctly reflected in his records in Aug 2010, he would have been promoted to...
AF | BCMR | CY2012 | BC-2012-01967
DPSOE states although they cannot determine whether the applicant was actually considered and selected for promotion to SMSgt, they can verify that he would have become ineligible for promotion due to his declination of assignment to Vietnam. The application has not been filed within the three-year time limitation imposed by AFI 36-2603, Air Force Board for 2 Correction of Military Records (AFBCMR). Exhibit B. Applicant’s Master Personnel Records.
AF | BCMR | CY2013 | BC 2013 00264
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00264 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. As a result of the failed FAs, his projected promotion to the grade of SSgt was cancelled and he received a referral EPR. Although DPSOE initially recommended denial of the applicants request to be supplementally considered for promotion to...
AF | BCMR | CY2007 | BC-2007-01507
In support of his request, the applicant provided a statement in his own behalf. _________________________________________________________________ STATEMENT OF FACTS: The applicant entered the active duty Air Force on 14 Jul 52 and was progressively promoted to the grade of staff sergeant (SSgt). 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, paragraph 3-5.
AF | BCMR | CY2013 | BC 2013 03464
Her current Date of Rank (DOR) be changed from 1 June 2013, to 28 May 2009; the date she reentered the Regular Air Force 3. They reaccomplished the applicants Total Active Federal Military Service (TAFMS)_ evaluation worksheet based upon her updated point credit summary report and deemed that she still does not meet the requirements in accordance with AFI 36- 2002, Regular Air Force and Special Category Accessions, paragraph Attachment 4, paragraph A4.2, Prior Service (PS) Date of Rank and...
AF | BCMR | CY2013 | BC 2013 05725
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. Promotion boards selected individuals and the quotas received determined the number that could be promoted. Based on his DOR to Sgt, he would have been eligible for promotion consideration to the grade of SSgt beginning in 1969.
AF | BCMR | CY2013 | BC 2013 02988
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. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOE recommends the application be time barred. Promotion Boards selected individuals and the quotas received determined the number that could be promoted. With regard to his request for award of the LOM, there was no evidence...