RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00080 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be promoted to the grades of senior master sergeant (E-8) and chief master sergeant (E-9). ________________________________________________________________ APPLICANT CONTENDS THAT: He was denied promotion to senior master sergeant (E-8) and chief master sergeant (E-9) due to bigotry, prejudice and discrimination. ________________________________________________________________ STATEMENT OF FACTS: The applicant entered active duty on 29 December 45 and was progressively promoted to the grade of master sergeant, having assumed that grade effective and with a date of rank of 1 Oct 55. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOE recommends the applicant’s request be time barred. DPSOE states 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 more than 43 years after retirement before he petitioned the AFBCMR. His 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. Furthermore, the applicant provides no explanation as to the delay in submitting his application or documentation supporting his contentions. DPSOE states promotion history files are only maintained for a period of 10 years as outlined in the regulation; therefore DPSOE is unable to determine the results of his promotion consideration. Ten years is generally considered an adequate period to resolve any promotion inquiry or concern. The complete DPSOE evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reviewed the advisory opinion and furnished a response regarding the statutory limitations which is attached at Exhibit D. _____________________________________________________________ FINDINGS AND CONCLUSIONS OF THE BOARD: We have carefully reviewed the applicant’s submission and the evidence of record and do not find a sufficient basis to excuse the untimely filing of this application. 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, Air Force Board for Correction of Military Records. 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 untimely filing of this application. _______________________________________________________________ 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. The following members of the Board considered Docket Number BC- 2011-00080 in Executive Session on 1 November 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 20 Dec 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOE, dated 3 Mar 11. Exhibit D. Letter, SAF/MRBR, dated 1 Apr 11. Exhibit E. Letter, Applicant, dated 7 Mar 11. Panel Chair