RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-00817
		COUNSEL:  NONE
		HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

His rank at the time of discharge reflects staff sergeant (SSgt) 
rather than sergeant (Sgt).


APPLICANT CONTENDS THAT:

He was handed paperwork promoting him to the grade of SSgt while 
in Saipan, but has lost the documentation.

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


STATEMENT OF FACTS:

On 17 August 1946, the applicant was honorably discharged in the 
grade of sergeant under the provision of AR 615-365 - 
Convenience of the Government.  He served 1 year, 1 month and 
26 days on active duty and was credited with 11 months and 
12 days of foreign and/or sea service.


AIR FORCE EVALUATION:

AFPC/DPSOE recommends denial.  DPSOE states the application has 
not been filed within the three-year time limitation imposed by 
AFI 36-2603, Air Force Board for Correction of Military Records, 
paragraph 3.5, 1 March 1996.  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 67 years after 
discharge before he petitioned the Air Force Board for 
Correction of Military Records (AFBCMR).  The applicant’s 
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.

DPSOE reviewed the applicant's record and find no documentation 
regarding a promotion to SSgt.  Without official supporting 
documentation to the contrary, we must assume he was discharged 
in the correct rank.  The Air Force asserts that the applicant's 
delay regarding a matter now dating back over 67 years has 
greatly complicated its ability to determine the merits of his 
position.

The complete DPSOE evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that he does not want any monetary gain.  
He desires to have the rank of SSgt on his head stone.

The applicant’s complete response is at Exhibit E.


THE BOARD CONCLUDES THAT:

After careful consideration of the applicant’s request and the 
available 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 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-2014-00817 in Executive Session on 8 January 2015, 
under the provisions of AFI 36-2603:


The following documentary evidence was considered:

  Exhibit A.  DD Forms 149, dated 7 January 2014, w/atchs.
  Exhibit B.  Available Military Personnel Records.
  Exhibit C.  Letter, AFPC/DPSOE, dated 11 July 2014.
  Exhibit D.  Letter, SAF/MRBR, dated 22 September 2014.
  Exhibit E.  Letter, Applicant, dated 17 October 2014.