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
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