RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02783 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His WD AGO Form 53, Enlisted Record and Report of Separation, 
Honorable Discharge, be corrected to reflect he was discharged 
from the Air Force versus the Army in the rank of staff sergeant 
(SSG) rather than sergeant (Sgt). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was transferred from the Regular Army to the Air Force in the 
grade of staff sergeant; however, because his records were 
destroyed in the fire at the National Personnel Records Center in 
1973, he is unable to provide supporting documentation. 

 

In support of his request, the applicant provides copies of his 
WD AGO Form 53 and correspondence from NPRC. 

 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant’s military records were destroyed in the 1973 fire 
at the National Personnel Records Center (NPRC). According to 
information provided by the applicant, he enlisted in the Regular 
Army on 6 May 46 served until he was honorably discharged in the 
grade of sergeant on 2 May 49. 

 

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of the 
Air Force. Accordingly, there is no need to recite these facts 
in this Record of Proceedings. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSOE recommends denial. The applicant has not filed his 
claim within the three-year time limit. His request can 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 therefrom. In the 
applicant's case, he waited over 62 years before he petitioned 
the Board. The applicant's delay in filing a claim has 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 further states the applicant 
report of separation reflects the highest rank the applicant held 
was sergeant and without official documentation to support 
promotion to SSG, they must assume the applicant was discharged 
in the correct grade. 

 

The complete DPSOE evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to applicant on 
21 Oct 11 for review and comment within 30 days. As of this 
date, no response has been received by this office (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 the record raises issues of error or injustice which 
requires 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 AFBCMR Docket 
Number BC-2011-02783 in Executive Session on 22 Feb 12, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 7 Jul 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSOE, dated 27 Sep 11. 

 Exhibit D. Letter, SAF/MRBR, dated 21 Oct 11. 

 

 

 

 

 

 Panel Chair