RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01397
		INDEX CODE:  131.10
		COUNSEL:  NONE

		HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  7 NOVEMBER 2008

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APPLICANT REQUESTS THAT:

His DD 214, dated 31 Dec 77, be amended to read Senior Master Sergeant (SMSgt) or Chief Master Sergeant (CMSgt).

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APPLICANT CONTENDS THAT:

He served 23 years of continuous active duty service during which time he received only one senior noncommissioned officer promotion (SNCO) to master sergeant (MSgt).  He performed his duties in an outstanding manner and had many highlights during his active duty career.  He served in several positions designated for senior and chief master sergeants.  He was awarded the Bronze Star Medal (BSM) for duties performed in Southeast Asia.  

He asked various supervisors why he had not been promoted and was repeatedly told that it was due to the fact that he entered the Air Force at a higher grade than others.  He has suffered an injustice.

In support of the application, the applicant submits a copy of his DD 214, copies of orders, copies of award citations, and excepted and/or incomplete copies of his performance reports.

The applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 31 Mar 78, the applicant was honorably discharged and retired from active duty in the grade of master sergeant.  He served 25 years, 8 months and 2 days on active duty.  

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 C. 

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AIR FORCE EVALUATION:

HQ AFPC/DPPPWB recommends the applicant’s request be time-barred or denied.  DPPPWB 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.  In addition to being untimely under the statute of limitations, the applicant’s 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.  The applicant waited 29 years after retirement to petition the AFBCMR.

DPPPWB states there are no provisions for an automatic promotion.  Based on his date of rank to MSgt, he would have been considered five times for SMSgt under the Weighted Airman Promotion System before retiring.  We are unable to determine his promotion scores for these cycles as promotion history files are only maintained for a period of 10 years.  

The complete DPPPWB evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 20 Jun 07 for review and comment within 30 days.  As of this date, this office has received no response (Exhibit D).

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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 error or injustice.  We took notice of the applicant’s completion submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility in that no evidence exists in his records to indicate an error or injustice was made that prevented his promotion to SMSgt or CMSgt.  Therefore, in the absence of evidence to the contrary, we find no 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 this application in Executive Session on 9 Aug 2007, under the provisions of AFI 36‑2603:

The following documentary evidence was considered for AFBCMR Docket Number BC-2007-01397:

	Exhibit A.  DD Form 149, dated 30 Apr 07 w/atch.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  HQ AFPC/DPPPWB, dated 29 May 07.
	Exhibit F.  Letter, SAF/MRBR, dated 20 Jun 07.