RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00817
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His rank at the time of discharge reflects staff sergeant (SSgt)
rather than sergeant (Sgt).
APPLICANT CONTENDS THAT:
He was handed paperwork promoting him to the grade of SSgt while
in Saipan, but has lost the documentation.
The applicant's complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 17 August 1946, the applicant was honorably discharged in the
grade of sergeant under the provision of AR 615-365 -
Convenience of the Government. He served 1 year, 1 month and
26 days on active duty and was credited with 11 months and
12 days of foreign and/or sea service.
AIR FORCE EVALUATION:
AFPC/DPSOE recommends denial. DPSOE states 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, 1 March 1996. 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 applicant's case, he waited 67 years after
discharge before he petitioned the Air Force Board for
Correction of Military Records (AFBCMR). The applicants
unreasonable delay has also caused prejudice to the Air Force as
relevant records have been destroyed or are no longer available,
memories have failed, and witnesses are unavailable.
DPSOE reviewed the applicant's record and find no documentation
regarding a promotion to SSgt. Without official supporting
documentation to the contrary, we must assume he was discharged
in the correct rank. The Air Force asserts that the applicant's
delay regarding a matter now dating back over 67 years has
greatly complicated its ability to determine the merits of his
position.
The complete DPSOE evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states that he does not want any monetary gain.
He desires to have the rank of SSgt on his head stone.
The applicants complete response is at Exhibit E.
THE BOARD CONCLUDES THAT:
After careful consideration of the applicants request and the
available 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 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-2014-00817 in Executive Session on 8 January 2015,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Forms 149, dated 7 January 2014, w/atchs.
Exhibit B. Available Military Personnel Records.
Exhibit C. Letter, AFPC/DPSOE, dated 11 July 2014.
Exhibit D. Letter, SAF/MRBR, dated 22 September 2014.
Exhibit E. Letter, Applicant, dated 17 October 2014.
AF | BCMR | CY2014 | BC 2014 00065
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00065 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her rank of E-3, airman first class be corrected to reflect E-4, sergeant. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOE recommends the application be time barred. The application was not filed...
AF | BCMR | CY2013 | BC 2013 04297
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). The applicants available military personnel records indicate that he entered active duty on 3 May 46. The...
AF | BCMR | CY2011 | BC-2011-00080
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00080 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be promoted to the grades of senior master sergeant (E-8) and chief master sergeant (E-9). 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...
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 | CY2012 | BC-2012-00732
The remaining relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit D. _______________________________________________________________ AIR FORCE EVALUATION: AFLOA/JAJM recommends the Board deny the applicant’s request as untimely or on the merits. He also claims that the Numbered Air Force returned the Article 15 action because of the punishment's severity. ...
AF | BCMR | CY2010 | BC-2010-02908
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02908 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His grade, as reflected on his DD Form 214, Report of Separation from the Armed Forces, be corrected to reflect SSgt instead of SSgt(T). ________________________________________________________________ APPLICANT CONTENDS THAT: He served his...
AF | BCMR | CY2013 | BC 2013 05259
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). The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force,...
AF | BCMR | CY2011 | BC-2011-02783
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02783 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His WD AGO Form 53, Enlisted Record and Report of Separation, Honorable Discharge, be corrected to reflect he was discharged from the Air Force versus the Army in the rank of staff sergeant (SSG) rather than sergeant (Sgt). ...
AF | BCMR | CY2010 | BC-2010-04376
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04376 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His rank at the time of his discharge be corrected to reflect (E-7) master sergeant versus (E-6) technical sergeant. His DD Form 214 reflects he was honorably retired in the grade of technical sergeant (E-6) effective 30 Sep 67, after serving 20...
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.