RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2019-04759

	COUNSEL:  NONE

	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

He receive a promotion.

APPLICANT’S CONTENTIONS

He was not promoted because the promotions in the combat flight he was attached to had no openings and all ranks were closed.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force airman first class (T).

The applicant served from 4 April 1949 to 6 November 1952.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION

AFPC/DP2SPP recommends denying the application.  There is no evidence of an error injustice and the application has not been filed within the three-year time limitation.  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 more than 60 years after discharge before he petitioned the Board.

The applicant entered active duty on 4 April 1949 and was promoted to Airman First Class (T) effective 16 March 1951.  There is no evidence/official documentation in the applicant’s record that he was ever promoted to that grade.  Promotions during this timeframe were made at the major command, unless delegated by the major command to the wing, group, or squadron levels.  The Air Force 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.  Some career fields received more promotions than others based on vacancies and the needs of the Air Force.  Furthermore, the supervisors and commanding officers at the time were in a better position to evaluate the applicant’s potential and eligibility for promotion.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 2 March 2020 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2SSP and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2019-04759 in Executive Session on 28 May 2020:

, Panel Chair 
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, dated 3 August 2019.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SP, dated 24 February 2020.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 2 March 2020.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.