RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02400 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. Her husband be retroactively promoted to the grade of Airman First Class (A1C, E-4). 2. She receive back pay and compensation. ________________________________________________________________ APPLICANT CONTENDS THAT: Her husband’s denial of advancement was racially motivated. This was during the peak of racial injustice and discrimination. Between Apr 1963 and Oct 1964, her husband was stationed in Brindisi, Italy. During this time, he received an evaluation that would determine his promotion. He was confident he would be promoted but the promotion was denied. He always felt the reason was racially motivated and could not envision any other reason he was denied promotion. For the next 44 years, including the year he died, he would periodically speak of this injustice. In the interest of justice, the applicant requests the Board consider the application. This unjust decision affected his salary and retirement income for him and his family. The evaluation should be reviewed and the Board determine, without prejudice, if the evaluation warranted a promotion and the benefits that went with it. In support of her request, the applicant submits a personal statement and a copy of her husband’s death certificate. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 23 Oct 1962, the deceased member entered active duty. He was honorably discharged on 21 Oct 1966 in the grade of Airman Second Class (E-3). He served 3 years, 11 months and 29 days on active duty. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOE recommends the applicant’s request be time barred. The applicant’s delay regarding a matter now dating back over 46 years has greatly complicated its ability to determine the merits of her 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. It has been more than 46 years since the deceased’s discharge and the unreasonable delay 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. 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 A1C during the timeframe in question, minimum eligibility requirements such as time in grade, skill level, and recommendation by the commander were necessary for consideration, but did not guarantee promotion. We also believe supervisors and commanding officers at the time were in a better position to evaluate the applicant’s potential and eligibility for promotion. 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. Should the Board choose to decide the case, recommend it be denied based on lack of official documentation. A review of his final Air Force Form 909, Performance Report, for the period of 1 Apr 1965 to 31 Mar 1966, reveals average ratings. The complete DPSOE evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 5 Jul 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). ________________________________________________________________ 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 46 years, which has greatly complicated the ability to determine the merits of the applicant’s position. We are not persuaded the record raises issues of error or injustice which requires resolution on the merits based on the lack of official documentation to support her request. Her husband’s personal sacrifice and unselfish service to his country is noted and our decision in no way lessens our regard for his service; however, in view of the above, we cannot conclude it would be in the interest of justice to excuse the failure to file in a timely manner. ________________________________________________________________ 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-2013-02400 in Executive Session on 13 Mar 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentation was considered in AFBCMR Docket Number BC-2013-02400: Exhibit A. DD Form 149, dated 13 May 2013, w/atchs. Exhibit B. Applicant’s Military Service Records. Exhibit C. Letter, AFPC/DPSOE, dated 17 Jun 2013 Exhibit D. Letter, SAF/MRBR, dated 5 Jul 2013. Panel Chair 1