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AF | BCMR | CY1999 | 9803068
Original file (9803068.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-03068
            INDEX CODE:  131.00

            COUNSEL:

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

Applicant is the widow of a former service member  who  requests  that
the former service member’s records be corrected  to  reflect  he  was
honorably discharged in the grade of sergeant rather than private.

_________________________________________________________________

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 are contained in the
letter  prepared  by  the  appropriate  office  of  the   Air   Force.
Accordingly, there is no need to recite these facts in this Record  of
Proceedings.

_________________________________________________________________

AIR STAFF EVALUATION:

The Enlisted Promotion Branch, AFPC/DPPPWB, reviewed this  application
and recommended denial.  A complete  copy  of  the  evaluation  is  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR STAFF EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  14
Dec 98 for review and response.  As of this date, no response has been
received by this office (Exhibit D).

_________________________________________________________________

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 injustice.  The applicant, the widow of a former
service member, is requesting that her husband’s records be  corrected
to reflect that he was honorably discharged in the grade  of  sergeant
rather than private.  It appears that the basis  for  the  applicant’s
request is to have the rank of sergeant entered on her late  husband’s
tombstone.  The evidence of record indicates that the  former  service
member was reduced from the grade of master sergeant to private  as  a
result of a summary court-martial.  No  evidence  has  been  presented
which would lead us to believe that his grade  at  separation  was  in
error.   Notwithstanding  this,  in  recognition  of  the  applicant’s
otherwise honorable service to his country, and  in  the  interest  of
justice,  we  are  inclined  to   grant   the   applicant’s   request.
Accordingly, we recommend that the former service member’s records  be
corrected as 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 he  was  promoted  to
the grade of sergeant, effective and with a date of rank of 13 Jun 51,
and that, on 14 Jun 51, he was honorably discharged in  the  grade  of
sergeant rather than private.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 18 Feb 99, under the provisions of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. Terry A. Yonkers, Member
      Ms. Peggy E. Gordon, Member

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

     Exhibit A.  DD Form 149, dated 18 Oct 98, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPWB, dated 23 Nov 98.
     Exhibit D.  Letter, SAF/MIBR, dated 14 Dec 98.




                                   RICHARD A. PETERSON
                                   Panel Chair


INDEX CODE 131

AFBCMR 98-03068




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 he was promoted to the
grade of sergeant, effective and with a date of rank of 13 Jun 51, and
that, on 14 Jun 51, he was honorably discharged in the grade of
sergeant rather than private.





    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency


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