RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03542 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be considered for promotion to the grade of Master Sergeant (MSgt). ________________________________________________________________ APPLICANT CONTENDS THAT: In 1969, he was hospitalized for almost two years as a result of injuries incurred during a helicopter crash and was not considered for promotion to the grade of MSgt. He should have received fair and just consideration for promotion to the grade of MSgt based on his Time in Service (TIS), Time in Grade (TIG) and proficiency reports. His records were corrected to show he was awarded the Purple Heart (PH). He should receive supplemental promotion consideration to the grade of MSgt based on the correction to his records. In support of his request, the applicant provides a personal statement, his Department of Veterans Affairs (DVA) rating decision, copies of his retirement order, AF Form 1042, Medical Recommendation for Flying Duty; AFBCMR Directive, DD Form 214, Armed Forces of the United States Report of Transfer or Discharge; and DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 1 Jun 1955, the applicant entered active duty. On 19 Jul 1969, while assigned at U-Tapeo AB, Thailand he was injured in a helicopter crash and was hospitalized. The applicant sustained multiple facial fractures, left hip fracture, avulsed right patella, lacerated left kidney, injury to his lungs and skull fracture. On 1 Oct 1970, he was promoted to the grade of Technical Sergeant (TSgt). On 31 Aug 1976, he was retired in the grade of TSgt. He served 21 years, 2 months and 30 days on active duty. On 8 Mar 2013, his records were corrected to show he was awarded the PH on 19 Jul 1969. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOE recommends the applicant’s request 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. 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 almost 37 years after retirement before he petitioned the corrections to his record. Based on the applicant’s Date of Rank (DOR) to the grade of TSgt, he would have been eligible for promotion consideration to the grade of MSgt under the Weighted Airman Promotion System (WAPS) beginning with cycle 73A7. DPSOE is unable to verify whether the applicant was considered for promotion or if the addition of the PH would have rendered him a select during a particular cycle as promotion history files are only maintained for a period of 10 years as outlined in AFR 4-20, Records Disposition Schedule, paragraph 35-12, Rule 29. Ten years is generally considered an adequate period to resolve any promotion concerns. Should the Board choose to decide the case, DPSOE recommends the applicant’s request for supplemental promotion consideration to the grade of MSgt be denied since the files used in the promotion process no longer exist. The complete DPSOE evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 29 Oct 2013, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. As of this date, this office has not received a response (Exhibit D). _________________________________________________________________ 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 note that on 8 Mar 2013, the applicant’s records were retroactively corrected to show he was awarded the PH on 19 Jul 1969. In view of this correction the applicant is now requesting supplemental promotion consideration to the grade of MSgt with the inclusion of the PH. Regrettably, promotion records are only kept on file for 10 years In Accordance With (IAW) AFR 4-20, Records Disposition Schedule, as such, there are no promotion records available to verify whether the applicant was considered for promotion or if the award of the PH would have rendered him a select. Therefore, 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-2013-03542 in Executive Session on 15 May 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence in AFBCMR Docket Number BC-2013-03542 was considered: Exhibit A. DD Form 149, dated 22 Jul 2013, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSOE, dated 6 Sep 2013. Exhibit D. Letter, SAF/MRBR, dated 29 Oct 2013. 1 2