RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-00213

					COUNSEL:  NONE

		HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

His records be corrected to reflect:

1.  Award of the Purple Heart (PH) and Prisoner of War (POW) 
medals (administratively resolved).

2.  He was promoted to the grade of captain (O-3).


APPLICANT CONTENDS THAT:

He was promoted to the grade of captain and his records should 
indicate such.

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


STATEMENT OF FACTS:

The applicant’s military records were apparently located in the 
area most heavily damaged in the fire at the National Personnel 
Records Center in 1973.

On 22 Feb 43, the applicant commenced his enlistment in the Army 
of the United States.

On 29 Apr 44, the applicant entered active duty as a second 
lieutenant (O-1).

On 3 Dec 44, the applicant was promoted to the grade of first 
lieutenant (O-2).

On 13 Oct 45, the applicant was honorably released from active 
duty in the grade of first lieutenant (O-2).

By Air Force Reserve Orders Number 137, the applicant was 
promoted to the grade of captain (O-3), effective 1 Jul 55.

On 17 Aug 02, a DD Form 215, Correction to DD Form 214, 
Certificate of Release or Discharge from Active Duty, was issued 
reflecting award of the PH and POW medals.

On 10 Mar 14, AFPC/DPFCM verified the applicant was in a POW 
status from 16 Feb 15 to 29 Apr 45.


AIR FORCE EVALUATION:

AFPC/DPSID indicates no action is required.  The POW and PH 
medals have been verified and are reflected on the applicant’s 
DD Form 215 issued on 17 Aug 02.

A complete copy of the AFPC/DPSID evaluation is at Exhibit C.

AFPC/DPSOO recommends denial for the portion of the applicant’s 
request for promotion to captain.  Under the provisions of Army 
Regulation 605-12, Temporary Promotions in the Army of the 
United States, recommendations for promotion of an officer will 
not be initiated unless a position vacancy exists and the 
officer has served the maximum period in the next lower grade.  
The time-in-grade requirement for promotion to captain as a 
first lieutenant was nine months.  While it appears the 
applicant may have met the time-in-grade requirements for 
promotion to captain, his DOR as first lieutenant could not be 
verified.  Furthermore, it could not be verified the applicant 
was ever recommended for promotion.

In addition, the requested relief may be dismissed under the 
equitable doctrine of laches, which denies relief to one has 
unreasonable and inexcusably delayed in asserting claim.  This 
unreasonable delay has caused prejudice to the Air Force, as all 
relevant records are not available for review.  As in the 
applicant’s case he has waited over 60 years.

A complete copy of the AFPC/DPSOO evaluation is at Exhibit E.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 17 Nov 14 for review and comment within 30 days 
(Exhibit D).  As of this date, no response has been received by 
this office.


FINDINGS AND CONCLUSIONS OF THE BOARD:

After careful consideration of applicant’s request and the 
available evidence of record, we find the application untimely.  
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.  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 applicant’s failure to file in a timely 
manner.


THE BOARD DETERMINES THAT:

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-2014-00213 in Executive Session on 27 Jan 15 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 10 Jan 14, w/atchs.
	Exhibit B.  Applicant's Available Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSID, 27 May 14.
	Exhibit D.  Memorandum, AFPC/DPSOO, 17 Oct 14.
        Exhibit E.  Letter, SAF/MRBR, dated 17 Nov 14.