RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04613 (DECEASED) COUNSEL: NONE (APPLICANT) HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her father be posthumously promoted to the grade of captain (O-3). _________________________________________________________________ APPLICANT CONTENDS THAT: Her father had been carrying out the duties and responsibilities of a captain from Dec 44 until his death in Apr 45 as is evidenced by the entries in her father’s combat journal. In support of her appeal, the applicant provides copies of excerpts from the deceased former member’s military personnel records, excerpt from his combat journal, and a letter by the decedent’s brother to the President. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: According to available records, the deceased former member began his military service on 29 Jul 43 and was eventually stationed in the European Theater of Operations as a pilot of a B-26 Bomber. On 24 Apr 45, the deceased former member’s aircraft was shot down while on an operation over Germany and he was subsequently reported as missing in action. On 24 Aug 45, the deceased former member was reported as killed in action. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force which is attached at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: APPC/DPSOO recommends the applicant’s request be denied as untimely, indicating there is no evidence of an error or injustice. The applicant has not provided any evidence to show her father was recommended for promotion prior to his death. Additionally, there is no documentation available to determine when he was promoted to first lieutenant in order to determine if he was even eligible for promotion to captain at the time of his death. The very reason for a statute of limitations, like that found in 10 USC 1552 and AFI 36-2603, Air Force Board for Correction of Military Records, include the fact that stale claims cannot be adequately addressed because the passage of time has resulted in the loss or destruction of the records needed to adjudicate the claim. DPSOO’s complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 1 May 12 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. _________________________________________________________________ FINDINGS AND CONCLUSIONS OF THE BOARD: After careful consideration of applicant’s 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 applicant’s 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-2011-04613 in Executive Session on 12 Jul 12, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-04613 was considered: Exhibit A. DD Form 149, dated 14 Nov 11, w/atchs. Exhibit B. Applicant's Available Personnel Records. Exhibit C. Letter, AFPC/DPSOO, dated 13 Apr 12. Exhibit D. Letter, SAF/MRBR, dated 1 May 12.