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).
________________________________________________________________
APPLICANT CONTENDS THAT:
He received orders after he separated from active duty stating
that he had been promoted to staff sergeant. He lost his copy of
the orders.
He will be buried in a national cemetery and would like for his
headstone to reflect the proper grade.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
According to an NA Form 10338, Certification of Military
Service, the applicant served in the Air Force from 15 Jul 54 to
27 Mar 58 and received an honorable discharge.
By Special Order Number 51, dated 27 Feb 58, the applicant was
released from active duty in the grade of 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, which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOE recommends the applicants request be time barred
noting the applicant has not filed his claim within the three-
year time limit. His request can 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 therefrom. In this case, he waited 56
years after discharge before he petitioned the Board. His delay
in filing a claim has caused prejudice to the Air Force as
relevant records have been destroyed or are no longer available,
memories have faded and witnesses are unavailable.
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 2 Jun 14 for review and comment within 30 days
(Exhibit D). As of this date, no response has been received by
this office.
________________________________________________________________
FINDINGS AND CONCLUSIONS OF THE BOARD:
After careful consideration of applicants request and the
available evidence of record, we find the application untimely.
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. 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-2013-05259 in Executive Session on 11 Sep 14, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Nov 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOE, dated 10 Jan 14.
Exhibit D. Letter, SAF/MRBR, dated 2 Jun 14.
3
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