Search Decisions

Decision Text

AF | BCMR | CY1999 | 9802646
Original file (9802646.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-02646
                 INDEX CODE:  131

                 COUNSEL:  NONE

                 HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His rank/grade at the  time  of  discharge  be  corrected  to  reflect
Sergeant vice Airman First Class.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the  records  to  be  in  error  or
unjust and the evidence submitted in support  of  the  appeal  are  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from  the
applicant's military records, are contained in the letter prepared  by
the  appropriate  office  of  the  Air   Force   Office   of   Primary
Responsibility (OPR).  Accordingly, there is no need to  recite  these
facts in this Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPWB reviewed the application and states that the  applicant
believes he was demoted from sergeant to airman first class.  However,
this was not the case.  AFPC/DPPPWB cites  a  regulation,  AFR  39-30,
dated 24 March 1950, which reflects a Sergeant as E-4.   A  subsequent
regulation, AFR 39-29, dated  2 January  1953  reflects  Airman  First
Class as E-4.  After over 45 years there is no specific  documentation
that states that on 15 April 1952 (the date of his  appointment),  the
titles of some enlisted grades would change.  However, it  is  evident
that based on the grade structures reflected in  the  two  regulations
indicated  above,  that  some  time  between  the  date  of  the   two
regulations the grade of Sergeant (E-4) changed to Airman First  Class
(E-4).  In summary, AFPC/DPPPWB believes  the  applicant’s  grade  was
changed from Sergeant (E-4) to Airman First Class
(E-4).  Therefore, his grade is not  in  error.   They  recommend  the
application be denied.

A complete copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant  for
review and response within 30 days.  As of this date, no response  has
been received by this office.

_________________________________________________________________

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.  Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice.  It appears  that  when  the
applicant enlisted in the Regular Air Force on 30 April 1950,  it  was
in the grade of  Sergeant.   However,  his  DD  Form  214,  Report  of
Separation from the Armed Forces of the United States,  reflects  that
he was released from active duty on 21 October 1952 in  the  grade  of
Airman  First  Class.   We  note  that  AFPC/DPPPWB  stated  that  the
regulations between 24 March 1950 and 2 January 1953 reflect different
grade structures.  However, there is no  specific  documentation  that
states that on 15 April 1952 the titles of some enlisted grades  would
change.  Therefore, we believe there is some doubt as  to  whether  or
not the enlisted grades did change and we believe that doubt should be
resolved in favor of the applicant.  In view of the above  and  absent
evidence to the contrary, we recommend his records be corrected to the
extent indicated below.

_______________________________________________________________________
_____________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that  his  grade,  at  the
time of his release from active duty from the Regular Air Force on  21
October 1952 and, his discharge from the Air Force Reserve on  29  May
1953, was Sergeant (E-4).

_______________________________________________________________________
_____________________

The following members of the  Board  considered  this  application  in
Executive Session on 6 April 1999, under the  provisions  of  AFI  36-
2603:

                  Ms. Charlene M. Bradley, Panel Chair
                  Dr. Gerald B. Kauvar, Member
              Mr. Patrick R. Wheeler, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 10 Sep 98, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPWB, dated 22 Dec 98, w/atchs.
   Exhibit D.  Letter, AFBCMR, dated 18 Jan 99.




                                   CHARLENE M. BRADLEY
                                   Panel Chair

INDEX CODE:  131

AFBCMR 98-02646




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to ---- -. ----, ---be corrected to show that his
grade, at the time of his release from active duty from the Regular
Air Force on 21 October 1952 and, his discharge from the Air Force
Reserve on 29 May 1953, was sergeant (E-4).







   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency

Similar Decisions

  • AF | BCMR | CY2005 | BC-2005-01325

    Original file (BC-2005-01325.doc) Auto-classification: Denied

    _________________________________________________________________ APPLICANT CONTENDS THAT: His DD Form 214 should reflect the rank of airman first class, he completed 3 years of high school, he was awarded the ARCOM, the GCM and his AFSC should be 90250. Applicant’s complete submission is at Exhibit A. The DPPPWB’s evaluation is at Exhibit C. AFPC/DPPAC recommends denial.

  • AF | BCMR | CY2006 | BC-2005-03616

    Original file (BC-2005-03616.doc) Auto-classification: Denied

    _________________________________________________________________ STATEMENT OF FACTS: On 2 April 1973, the applicant enlisted in the Regular Air Force in the grade of airman basic (E-1) for a period of 4 years. After careful consideration of the applicant’s request and the available evidence of record, we see no evidence that would warrant his rank be upgraded to airman first class. Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility...

  • AF | BCMR | CY1998 | 9703133

    Original file (9703133.pdf) Auto-classification: Denied

    Applicant continued in t h e WMP and on 19 October 1990, he received a Letter of Counseling for being 29 % pounds over his MAW. AIR FORCE EVALUATION: The Acting Chief , Commander's Programs Branch, HQ AFPC/DPSFC, states that maintaining Air Force weight standards is an individual responsibility. A copy of the Air Force evaluation is attached at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant states, in summary, that he is not questioning whether the Air Force had the...

  • AF | BCMR | CY2004 | BC-2003-01763

    Original file (BC-2003-01763.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-01763 INDEX CODES: 100.06, 131.06 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her rank be changed from airman basic to airman first class. The applicant has provided no evidence of a clear error or injustice related to the nonjudicial punishment action. The evidence of record reflects that the...

  • AF | BCMR | CY1999 | 9900134

    Original file (9900134.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 99-00134 INDEX CODE: 112.02 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His enlistment grade be changed from senior airman (E-4) to his previous grade of staff sergeant (E-5), with a date of rank of 1 Sep 95. APPLICANT CONTENDS THAT: He was miscounseled on his enlistment options for the Regular Air Force and as a result, he lost a stripe and active duty time. The...

  • AF | BCMR | CY2005 | BC-2005-01667

    Original file (BC-2005-01667.doc) Auto-classification: Denied

    They also find no promotion order indicating he was ever selected for promotion prior to retirement AFPC/DPPPWB’s complete evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to applicant on 5 August 2005 for review and response. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the...

  • AF | BCMR | CY1999 | 9803144

    Original file (9803144.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 98-03144 INDEX CODE: 107.00 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: The close out date of the Air Force Commendation Medal, First Oak Leaf Cluster (AFCM 1OLC), be changed from 15 June 1998 to 15 December 1997 [and, if approved, he be given supplemental promotion consideration to the grade of technical...

  • AF | BCMR | CY2002 | 0101982

    Original file (0101982.doc) Auto-classification: Denied

    Prior to the events under review, the applicant was progressively promoted to the grade of airman first class (E-4) on 1 August 1953 and thereafter to the grade of staff sergeant (E-5), effective and with a date of rank of 1 October 1955. The board’s recommendations were approved and on 21 October 1957, orders were issued announcing the applicant’s demotion to the grade of airman first class (E-3) with a date of rank of 1 August 1953. Although the applicant claims the demotion was...

  • AF | BCMR | CY1999 | 9802613

    Original file (9802613.doc) Auto-classification: Denied

    AFI 36-2403, section 1.1.7.5, states, “Provide scheduled, requested or as needed feedback to help ratees improve their performance.” AFI 36-2403, section 2.8.2.1.3, Raters responsibilities, 1. As of this date, no response has been received by this office. Exhibit D. Letter, AFPC/DPPPWB, dated 24 Sep 98.

  • AF | BCMR | CY2005 | BC-2005-02245

    Original file (BC-2005-02245.doc) Auto-classification: Approved

    He had honorable service until that time. He served for over a year after the incident with no further problems, only to get a general discharge instead of an honorable discharge. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 26 September 1953, he was honorably discharged and furnished an Honorable Discharge certificate.