RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  BC-2003-03059
		INDEX CODE:  131.00
		COUNSEL:  None

		HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His records be corrected to change his rank from Private First Class (PFC) to Sergeant Tech 4th Grade (T/4 Sgt) on his DD Form 214, Report of Separation.

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APPLICANT CONTENDS THAT:

His father was able to find him at his location due to a special code his father and fellow officers created.  They met and his superiors asked him how his father knew where he was and he told them about the code and as a result, they cancelled his promotion and reduced him to the rank of private.

Applicant's complete submission, with attachments, is attached at Exhibit A.

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STATEMENT OF FACTS:

Applicant’s military records were destroyed in the 1973 fire at the National Personnel Records Center (NPRC).

The available records reveal that the applicant entered active duty in the Army of the United States on 31 March 1943.  The applicant was reduced in rank from Technician Fifth Grade to Private on 22 March 1945 for misconduct.  On 5 October 1945, the applicant was promoted from Private to Private First Class (Temp).  He was honorably discharged on 18 January 1946 in the rank of Private First Class.

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AIR FORCE EVALUATION:

AFPC/DPPPWB states the applicant has not filed his claim a 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 over 56 years before he petitioned the Board.  The applicant's 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 failed and witnesses are unavailable. 

DPPPWB further states in the absence of any documentation to the contrary, they must assume the applicant was discharged in the correct grade.  Therefore based on the rationale provided they recommend denying the applicant’s request (Exhibit D).

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states he cannot prove it but he believes his officers acted with prejudice when they destroyed the records for his promotion.  He was told his promotion was approved and he was officially promoted by his master sergeant (Exhibit F).

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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 waive the failure to timely file.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  Applicant’s military records are not available for review.  The documentation provided by the applicant fails to substantiate that he has been the victim of an error or injustice.  Based upon the presumption of regularity in the conduct of governmental affairs and without evidence to the contrary, we must assume that the applicant was discharged in the correct grade.  Therefore, 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 BC-2003-03059 in Executive Session on 10 February 2004, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 11 Jun 03, w/atchs.
	Exhibit B.	Available Military Personnel Records.
	Exhibit C.	Letter, HQ AFPC/DPPPWB, dated 8 Dec 03.
	Exhibit D.	Letter, SAF/MRBR, dated 24 Dec 03.
	Exhibit E.	Letter, Applicant’s Response, dated 6 Jan 04.