RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-01507
		INDEX CODE:  131.00
	  	COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: Nov 14, 2008

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APPLICANT REQUESTS THAT:

His records be corrected to reflect he was promoted to the grade of technical sergeant (TSgt) or master sergeant (MSgt) with a date of rank of 1 Oct 60.

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APPLICANT CONTENDS THAT:

He was forced to sign a statement while under a great deal of stress.

He was treated bad because of the color of his skin and rushed out of the service for no reason and had no one to help or assist him.

His humanitarian reassignment request was declined.

He worked hard to do his best for his unit and the Air Force.  His career was destroyed and it was unjust. 

Upon his reentry into the Air Force, his date of rank was wrong.

In support of his request, the applicant provided a statement in his own behalf.

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

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STATEMENT OF FACTS:

The applicant entered the active duty Air Force on 14 Jul 52 and was progressively promoted to the grade of staff sergeant (SSgt).  His date of rank was 1 Oct 60.

He was honorably discharged for hardship on 29 Nov 68 in the grade of SSgt.

He re-entered the active duty Air Force on 28 May 69, after having a six-month break in service, in the grade of SSgt.

He was honorably retired in the grade of SSgt on 31 Jan 73 with a total of 20 years and 19 days active service.

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AIR FORCE EVALUATION:

AFPC/DPPPWB recommends denial.  The case should be time barred.  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.  In the applicant’s case, he waited more than 34 years after retirement to petition the AFBCMR.  

There are no provisions for automatic promotion as the applicant requests.  A review of his record reflects no official documentation promoting him to the grades of TSgt or MSgt.  DPPPWB was unable to verify the applicant’s consideration for promotion to TSgt as promotion history files are only maintained for a period of 10 years as outlined in AFR 4-20, Records Disposition Schedule, Table 35-12, Rule 29.  Ten years is generally considered an adequate period to resolve any promotion inquiries or concerns 

The AFPC/DPPPWB complete 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 13 July 07 for review and comment within 30 days.  As of this date, this office has not received a response.

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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 complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  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 Docket Number BC-2007-01507 in Executive Session on 21 August 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, w/atch, dated 12 May 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPPWB, dated 13 Jun 07.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Jul 07.