RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02988 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. He be retroactively promoted to the grade of E-8 and E-9, with back pay and allowances, effective 1972. 2. He receive the Legion of Merit (LOM). ________________________________________________________________ APPLICANT CONTENDS THAT: A member of the E-9 promotion board (1971) told him that a colonel told the promotion board they would not promote him. The member of the promotion board also said he would deny that he was selected for promotion. A lieutenant general wanted him to have the Legion of Merit (LOM). In support of his appeal, the applicant provides over 1000 pages of newsletters and documentation from his master personnel records. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Air Force. He was promoted to the grade of master sergeant on 1 October 1967. On 21 January 1976, the applicant acknowledged he was ineligible for promotion consideration for the FY78 cycle. He retired effective 1 June 1977 in the grade of master sergeant. The remaining relevant facts pertaining to this case are contained in the letter prepared by the Air Force office of primary responsibility which is listed at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOE recommends the application be time barred. The application was not filed within the three-year time limitation imposed by AFI 36-2603, Air Force Board for Correction of Military Records. In addition to the application being untimely under the statute of limitations, the 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 this case, the applicant waited 36 years after retirement to petition the Board. The applicant’s unreasonable delay has also caused prejudice to the Air Force as relevant records have been destroyed or no longer available, memories have failed and witnesses are unavailable. Until 1970, promotions were made at the Major Command, unless delegated by the Major Command to the Wing, Group or Squadron levels. HQ USAF distributed promotion vacancies within each career field. Promotion Boards selected individuals and the quotas received determined the number that could be promoted. To be considered for promotion to senior master sergeant E-8, an individual must have 24 months time-in-grade, a 7 or 9-skill level in their control Air Force Specialty Code (CAFSC) and be recommended by the commander. Beginning with promotion cycle CY72, senior NCO’s were considered for promotion to senior and chief master sergeant under the weighted airman performance system. The competition for promotion to the top two grades is extremely intense since, by law, only three percent of the total enlisted force can serve in these grades. Central NCO Evaluation Boards were established to identify the best qualified individuals regardless of command assignment. Board members do not select or nonselect eligible NCOs for promotion. They score records individually using a secret ballot without discussion with one another. Based on the applicant’s date of rank to master sergeant, he would have been eligible for promotion consideration to senior master sergeant during the during the 1969 promotion cycle. There are no orders in the applicant’s master personnel record indicating that he was promoted to the grade of senior master sergeant. The applicant was never selected for promotion to senior or chief master sergeant. The complete DPSOE evaluation is at Exhibit C. AFPC/DPSID recommends denial of the applicant’s request to be awarded the Legion of Merit. In accordance with AFM 900-3, dated 27 April 1971, the LOM is awarded for exceptionally meritorious conduct in the performance of outstanding service to the United States. In peacetime, awards to United States military personnel are generally limited to recognizing service in an extremely difficult duty which is performed in a clearly exceptional manner, if such service is marked national or international significance or of marked significance to the Air Force of Department of Defense; or, service which has aided the United States in furthering its national policies; or, service which has furthered the interests or the security of the United States. Superior performance of normal duties will not alone justify award of this decoration. After a thorough review of the applicant’s official military record, there is no verification he was recommended for, or awarded the LOM. He has provided over 700 pages of homemade collages, newspaper clippings and various memos; however, there was no documentation submitted to support his claim for the LOM. The complete DPSID evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 24 December 2013, for review and comment within 30 days (Exhibit E). As of this date, this office has received no response. ________________________________________________________________ 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 an error or injustice. We took notice of the applicant’s complete submission in judging the merits of the case; however, we are not persuaded by the evidence submitted in this appeal that he is entitled to the relief he seeks. While the applicant contends he should have been promoted to E-8 and E-9, he has submitted no evidence he was ever selected for promotion to those grades. Additionally, the record reflects the applicant signed an acknowledgement that he understood he was not eligible for promotion consideration. With regard to his request for award of the LOM, there was no evidence submitted to substantiate the applicant was recommended for or awarded the LOM. Therefore, we agree with the opinion and recommendation of the Air Force offices of primary responsibility and adopt their rationale for the basis of our conclusion that the applicant has not been the victim of an error or injustice. While we are grateful for the applicant’s service to our nation, in the absence of persuasive evidence to the contrary, we find no 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 an 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 AFBCMR Docket Number BC-2013-02988 in Executive Session on 11 March 2014, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 13 Jun 13, w/atchs. Exhibit B. Applicant’s Master Personnel Records Exhibit C. Letter, AFPC/DPSOE, dated 17 Jul 13. Exhibit D. Letter, AFPC/DPSID, dated 16 Sep 13. Exhibit E. Letter, SAF/MRBR, dated 24 Dec 13. 1 2