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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