RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-05725
                        COUNSEL:  NONE
 			HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to show that he was promoted to the grade of Staff Sergeant (SSgt, E-5).  
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APPLICANT CONTENDS THAT:

He was promoted to the grade of SSgt while on emergency leave.  

The Board should consider it in the interest of justice to consider his application based on his outstanding service record.  

In support of his request, the applicant submits copies of his AF Form 910, TSgt, SSgt and Sgt Performance Report and DD Form 
214, Armed Forces of the United States Report of Transfer or Discharge.  

The applicant’s complete submission, with attachments, is at Exhibit A. 
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STATEMENT OF FACTS:

On 14 Jan 66, the applicant entered active duty.

According to Special Order A-89 dated 1 Feb 68, he was promoted to the grade of Sergeant (Sgt, E-4) with a Date of Rank (DOR) 
and effective date of 1 Feb 68.  

On 15 Dec 69, he was honorably released from active duty in the grade of Sgt.

He served 3 years, 11 months and 2 days on active duty.

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AIR FORCE EVALUATION:

AFPC/DPSOE recommends the applicant’s request be time barred.  
Should the Board choose to decide the case, DPSOE recommends it 
be denied based on lack of official documentation.  After a 
thorough review of his records, DPSOE did not find any 
documentation promoting him to the grade of SSgt. 

The applicant’s delay regarding a matter now dating back over 
44 years has greatly complicated the ability to determine the 
merits of his position.  The application has not been filed 
within the three-year time limitation imposed by Air Force 
Instruction 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 44 years after his discharge before he petitioned the 
Board for correction of his records.  

Promotions during this timeframe were made at the Major Command, 
unless delegated by the Major Command to the wing, group, or 
squadron levels.  Headquarters (HQ) United States Air Force 
(USAF) distributed promotion quotas to the Major Commands based 
on projected vacancies within each career field subdivision.  
Promotion boards selected individuals and the quotas received 
determined the number that could be promoted.  To be considered 
for promotion to the grade of SSgt, an individual was required 
to have 18 months in time-in-grade, a skill level commensurate 
with their Air Force Specialty Code (AFSC) and be recommended by 
their commander.  These were the minimum eligibility 
requirements to be considered by the promotion board but in no 
way ensured or guaranteed a promotion.  Based on his DOR to Sgt, 
he would have been eligible for promotion consideration to the 
grade of SSgt beginning in 1969. DPSOE is unable to verify 
whether he was considered for promotion to the grade of SSgt as 
promotion history files are only maintained for a period of 
10 years as outlined in Air Force Manual 37-139, Records 
Disposition Schedule.  Ten years is generally an adequate period 
of time to resolve any promotion inquiries or concerns.  

The complete DPSOE evaluation is at Exhibit C.  

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 28 Feb 14, 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). 
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FINDINGS AND CONCLUSIONS OF THE BOARD:

After careful consideration of the 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 sufficient reason for the delay in filing on a matter now dating 
back 44 years, which has greatly complicated the ability to determine the merits of the applicant’s position.  Further, the 
applicant has not provided substantial evidence which would persuade us that his records should be corrected to show he was 
promoted to the grade of SSgt.  Thus, we cannot conclude it would be in the interest of justice to excuse the applicant’s 
failure to file in a timely manner.   
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DECISION OF THE BOARD:

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.
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The following members of the Board considered Docket Number BC-2013-05725 in Executive Session 9 Sep 14, under the provisions of AFI 36-2603:

      , Panel Chair
      , Member
      , Member
 
The following pertinent documentary evidence in Docket Number BC-2013-05725 was considered:

     Exhibit A.  DD Form 149, dated 11 Dec 2013, w/atchs. 
     Exhibit B.  Applicant’s Master Personnel Records
     Exhibit C.  Letter, AFPC/DPSOE, dated 7 Feb 14.
     Exhibit D.  Letter, SAF/MRBR, dated 28 Feb 14.