RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01915 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her father’s records reflect that he was promoted to the grade of Chief Master Sergeant (CMSgt). ________________________________________________________________ APPLICANT CONTENDS THAT: Her father was an invaluable part of the B-52 combat crew. He exemplified the Air Force image and was the finest NCO in the Air Force as stated by his commanding officers. In support of her request, the applicant provides copies of her father’s death certificate, her birth certificate, his Airman Performance Reports (APR), his Air Force Commendation Medal (AFCM) and Distinguished Flying Cross (CFC) citations. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The deceased member’s DD Form 214, Report of Separation from Active Duty, reflects he retired in the grade of Master Sergeant (MSgt) effective 28 Feb 1974. He served 20 years, 1 month and 27 days on active duty. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOE recommends denial. DPSOE asserts that the delay regarding a matter dating back over 39 years has greatly complicated the ability to determine the merits of the request and recommend the application be time barred. In accordance with Air Force Instruction 36-2603, Air Force Board for Correction of Military Records, the applicant’s request may be dismissed under the equitable doctrine of laches, which denies relief to one who has unreasonably and inexcusably delayed asserting a claim. In the applicant’s case, it has been more than 39 years since her father’s discharge. The unreasonable delay has also caused prejudice to the Air Force as relevant records have been destroyed or are no longer available. DPSOE reviewed her father’s records and was unable to verify if he was considered or promoted to the grade of Senior Master Sergeant (SMSgt) since promotion history files are only maintained for a period of 10 years as outlined in Air Force Manual (AFMAN) 37- 139, Records Disposition Schedule. The complete DPSOE evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Her father should be promoted based on the recommendations of his commanding officers as reflected in his performance reports. The reason for the late filing is that she just received his military records on 1 Apr 2013 and would have made the request sooner if she had known. She requested assistance from her Congressman who advised her to submit her application to the Board because of his exemplary and incredible service to the United States Air Force and requests the Board reconsider the promotion he deserved. The applicant’s complete response, with attachment, is at Exhibit E. ________________________________________________________________ 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. After thoroughly reviewing the evidence of record and the applicant’s contentions, we are not persuaded the requested relief should be granted. The applicant’s father’s personal sacrifice and unselfish service to his country is noted and our decision in no way lessens our regard for his service; 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 basis to recommend granting the relief sought in this application. ________________________________________________________________ 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. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-01915 in Executive Session on 30 Jan 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 16 Apr 2013, w/atchs. Exhibit B. Available Military Service Records. Exhibit C. Letter, AFPC/DPSOE, dated 31 May 2013. Exhibit D. Letter, SAF/MRBR, dated 28 Jun 2013. Exhibit E. Letter, Applicant, dated 16 Jul 2013, w/atch. 1 2