RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04297
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect that his rank at the time of
his discharge was Staff Sergeant (SSgt, E-6), instead of
Sergeant (Sgt, E-5).
________________________________________________________________
APPLICANT CONTENDS THAT:
He was a SSgt with the Army Air Corps for over six months prior
to his discharge.
In support of his request, the applicant provides copies of two
correspondence letters from the Department of the Army, a WD AGO
Form 100, Army Separation Qualification Record, and a two-page
typed statement.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The majority of applicants records were destroyed by fire in
1973, at the National Personnel Records Center (NPRC).
The applicants available military personnel records indicate
that he entered active duty on 3 May 46.
On 2 May 49, he was honorably discharged upon expiration of his
term of service in the grade of Sgt. He was credited with three
years of total active service.
According to the applicants, WD AGO Form 100, his rank at the
time of his separation was Sgt.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOE recommends denial, indicating the applicants request
is not timely. The applicants request dating over 64 years has
greatly complicated its ability to determine the merits of his
position. The application has not been filed within the three-
year limitation imposed by AFI 36-2603, Air Force Board for
Correction of Military Records, paragraph 3.5.
Additionally, the applicants request may also be dismissed
under the doctrine of laches, which denies relief to an
applicant who has unreasonably and inexcusably delayed asserting
a claim. Laches consist of two elements: Inexcusable delay and
prejudice to the Air Force resulting there from. The applicant
waited more than 64 years after his discharge to file his
application and as a result, relevant records have been
destroyed or are no longer available, memories have failed, and
witnesses are unavailable.
A complete copy of the DPSOE evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant provides a three page typed statement, outlining
the timeframes in which he was promoted. He asserts that he was
promoted to the rank of SSgt around Thanksgiving of 1948.
His complete submission, with attachment, is at Exhibit E.
________________________________________________________________
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
over 64 years, which has greatly complicated the ability to
determine the merits of his position. He has not provided
evidence that supports he is the victim of error or injustice.
We are also not persuaded the record raises issues of error or
injustice which require resolution on the merits. Therefore, in
view of the above, we cannot conclude it would be in the
interest of justice to excuse the applicants 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-2013-04297 in Executive Session on 26 Jun 14 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Jul 13, w/atchs.
Exhibit B. Applicant's Available Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOE, dated 23 Oct 13.
Exhibit D. Letter, SAF/MRBR, dated 6 Dec 13.
Exhibit E. Letter, Applicant, dated 16 Dec 13, w/atch.
Panel Chair
3
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