RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02508
				INDEX CODE:  131.00

	APPLICANT	COUNSEL:  None

	SSN		HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

He receive promotion consideration to the grade of staff sergeant (SSgt).

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APPLICANT CONTENDS THAT:

He was not considered for promotion in 1965 to the grade of staff sergeant.  The failure of his not being considered by the promotion board delayed his promotions to E5 and E6 and has denied him and his family financial resources throughout his active duty career and retirement.

Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

The applicant  entered active  duty in the Regular Air Force on 22 May 1956 as an airman basic.

He was promoted to staff sergeant on 1 June 1966 and technical sergeant on 1 September 1971.  He retired as a technical sergeant on 31 July 1976.  He served a total of 20 years, 2 months and 10 days of active service.

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.  Accordingly, there is no need to recite these facts in this Record of Proceedings.

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AIR STAFF EVALUATION:

AFPC/DPPPWB states the applicant has not filed his claim within the 3-year time limit.  The applicant's request can 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 the applicant's case, he waited 26 years after his discharge to file a request.

Promotion consideration during the timeframe in question was made at the Major Command (MAJCOM), unless the MAJCOM delegated it to the Wing, Group, or Squadron level.  Promotion quotas were distributed to the MAJCOMs based on the projected vacancies in each Career Field Subdivision.  Promotion boards selected individuals and the quotas received determined the number that could be promoted.  Based on the vacancies and the needs of the Air Force some career fields had more promotees than others.  For promotion consideration for an E-5, the member must have 18 months time-in-grade and a recommendation by the commander.

The applicant has not provided any documentation in support of his request.  DPPPWB further states based on the lack of support or documentation to the contrary, they have no reason to believe he was not considered for promotion to SSgt during the timeframe in question.  They recommend the applicant's request be time barred or denied on its merits (Exhibit C).

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APPLICANT'S REVIEW OF AIR STAFF EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 6 September 2002, for review and response.  As of this date, no response has been received by this office. 

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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 material error or injustice.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  In reviewing the applicant's records, we note his AF Forms 910 rendered for periods 23 Feb 64 - 1 Feb 65 and 2 Feb 65 - 1 Feb 66, recommends he be promoted to SSgt.  Therefore, we are persuaded that in accordance with the promotion policy in effect at the time, he was considered for promotion in 1965, but not selected.  In view of the foregoing and in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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.

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The following members of the Board considered AFBCMR Docket Number 02-02508 in Executive Session on 15 October 2002, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 31 Jul 02.
	Exhibit B.	Available Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPPWB, dated 27 Aug 02.
Exhibit D.	Letter, SAF/MRBR, dated 6 Sep 02.