RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-03696 INDEX CODE: 131.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her father’s rank be corrected to reflect E-4 (Sergeant). _________________________________________________________________ APPLICANT CONTENDS THAT: Her father was recommended for and passed boards for promotion from corporal to sergeant, but he was discharged before the promotion orders were cut. The applicant contends that due to a family hardship, and her father’s premature discharge from the Air Force, he never received his promotion to sergeant. In support of her request, the applicant provided copies of her father’s DD Form 214, Report of Separation from the Armed Forces of the United States, a request for a “Wish Upon a Hero,” a personal statement, various information and documentation surrounding the circumstances of her father’s discharge, and a newspaper article pertaining to her father. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant entered active duty in the Air Force on 26 Sep 50 in the grade of E-1 (airman basic). He was separated for reasons of hardship in the grade of E-3 (airman second class) on 6 Feb 53, after serving 2 years, 4 months, and 11 days. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSOE recommends the applicant’s request be denied based on timeliness. However, should the Board choose to decide the case, DPSOE recommends the Board deny the request as the member was not time in grade eligible for promotion to E-4 prior to his separation. In the applicant’s case, he waited more than 55 years after discharge before petitioning the Air Force Board for Correction of Military Records (AFBCMR). The applicant’s unreasonable delay has also caused prejudice to the Air Force as relevant records have been destroyed or are no longer available, memories have failed, and witnesses are unavailable. DPSOE has reviewed the extremely limited records (records were destroyed in the 1973 fire at NPRC) on the applicant and they found no official documentation regarding a promotion to E-4. Promotions during this timeframe were made at the Major Command, unless delegated by the Major Command to the Wing, Group, or Squadron levels. HQ 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. Some career fields received more promotions than others based on vacancies and the needs of the Air Force. To be considered for promotion to E-4, an individual must have 24 months time-in- grade, possess a skill level Air Force Specialty Code (AFSC) commensurate with the rank, and be recommended by the commander. These were the minimum eligibility requirements to be considered but in no way ensured or guaranteed a promotion. Since the applicant’s father was not promoted to E-3 until 19 May 52, he would not have served the required 24 months at this rank by the time of his separation on 6 Feb 53. The complete DPSOE evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Her intent in obtaining this promotion for her father was to do something nice for her 80 year old father, and because he deserved this rank. It is not just a matter of getting a “promotion” and not for any sort of “relief,” just that it is for deserved recognition of service. Under the Reason for Request, it is written that she believes her father was recommended for, and passed promotion boards. Yes, she does believe it—indeed—because she has never known her father to tell a lie—he prides himself on his honesty. Her father recalls his accurate length of service to be 29 months and 4 days. She is not asking for any relief, but a title change only, to present him with the title he earned prior to his separation. Her father was recommended for promotion to E-4 by his commanding officer, and he took the boards, and passed them. If at the time her father was recommended for a promotion to E-4, and took the boards, and passed them, why, then, would all of that official procedure have been followed if her father had not spent the adequate time in his rank (as the letter alleges)? The applicant's complete response, with attachments, 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. 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. _________________________________________________________________ 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 Docket Number BC-2008-03696 in Executive Session on 14 January 2009, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence pertaining to Docket Number BC-2008-03696 was considered: Exhibit A. DD Form 149, dated 25 Sep 08, w/atchs. Exhibit B. Applicant’s Reconstructed Military Records. Exhibit C. Letter, AFPC/DPSOE, dated 29 Oct 08. Exhibit D. Letter, SAF/MRBR, dated 21 Nov 08. Exhibit E. Letter, Applicant, dated 29 Nov 08, w/atchs.