RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05725
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show that he was promoted to the
grade of Staff Sergeant (SSgt, E-5).
________________________________________________________________
APPLICANT CONTENDS THAT:
He was promoted to the grade of SSgt while on emergency leave.
The Board should consider it in the interest of justice to
consider his application based on his outstanding service
record.
In support of his request, the applicant submits copies of his
AF Form 910, TSgt, SSgt and Sgt Performance Report and DD Form
214, Armed Forces of the United States Report of Transfer or
Discharge.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 14 Jan 66, the applicant entered active duty.
According to Special Order A-89 dated 1 Feb 68, he was promoted
to the grade of Sergeant (Sgt, E-4) with a Date of Rank (DOR)
and effective date of 1 Feb 68.
On 15 Dec 69, he was honorably released from active duty in the
grade of Sgt.
He served 3 years, 11 months and 2 days on active duty.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOE recommends the applicants request be time barred.
Should the Board choose to decide the case, DPSOE recommends it
be denied based on lack of official documentation. After a
thorough review of his records, DPSOE did not find any
documentation promoting him to the grade of SSgt.
The applicants delay regarding a matter now dating back over
44 years has greatly complicated the ability to determine the
merits of his 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 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 44 years after his discharge before he petitioned the
Board for correction of his records.
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 the grade of SSgt, an individual was required
to have 18 months in time-in-grade, a skill level commensurate
with their Air Force Specialty Code (AFSC) and be recommended by
their commander. These were the minimum eligibility
requirements to be considered by the promotion board but in no
way ensured or guaranteed a promotion. Based on his DOR to Sgt,
he would have been eligible for promotion consideration to the
grade of SSgt beginning in 1969. DPSOE is unable to verify
whether he was considered for promotion to the grade of SSgt as
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.
The complete DPSOE evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 28 Feb 14, 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).
________________________________________________________________
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 44 years, which has greatly complicated the ability to
determine the merits of the applicants position. Further, the
applicant has not provided substantial evidence which would
persuade us that his records should be corrected to show he was
promoted to the grade of SSgt. Thus, 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 Docket Number BC-
2013-05725 in Executive Session 9 Sep 14, under the provisions
of AFI 36-2603:
, Panel Chair
, Member
, Member
The following pertinent documentary evidence in Docket Number
BC-2013-05725 was considered:
Exhibit A. DD Form 149, dated 11 Dec 2013, w/atchs.
Exhibit B. Applicants Master Personnel Records
Exhibit C. Letter, AFPC/DPSOE, dated 7 Feb 14.
Exhibit D. Letter, SAF/MRBR, dated 28 Feb 14.
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