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AF | BCMR | CY2000 | 9702529A
Original file (9702529A.doc) Auto-classification: Denied

                            ADDENDUM TO
                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  97-02529
            INDEX CODE:  136.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect that he retired from the  Army  of
the United States (Air Corps).

_________________________________________________________________

RESUME OF THE CASE:

The  applicant’s  records  were  lost  or  destroyed.   The  available
information pertaining to the applicant’s service and the issues under
review are contained in the letter  prepared  by  the  Office  of  the
Director of Personnel  Program  Management  (ARPC/DPAR)  (Exhibit  C).
Accordingly, there is no need to recite these facts in  this  Addendum
to Record of Proceedings.

On 8 Oct 96, the Board recommended that  the  applicant’s  records  be
corrected to show that he was tendered and accepted an appointment  as
a second lieutenant, Officers’  Reserve  Corps,  Army  of  the  United
States (Air Corps), which was approved  by  the  Director,  Air  Force
Review Boards Agency on 19 Feb 97 (Exhibit B).

On  19  Mar  98,  the  Board  considered  and  denied  an  application
pertaining to the applicant, in which he requested that his records be
corrected to reflect that he retired  from  the  Army  of  the  United
States (Air Corps) (see AFBCMR 97-02529, with Exhibits A through D).

_________________________________________________________________

APPLICANT CONTENDS THAT:

Had he been promoted to the Reserve grade of second lieutenant  on  18
Apr 47, as the correction of his records now indicate, he  would  have
stayed on active duty and retired.

If he had been separated from the service as a  second  lieutenant  in
1947, he would have gone into the Reserves and would have remained  in
an active status until he met the eligibility requirements for retired
pay.

In support of his appeal, the applicant provided a personal  statement
and extracts from his military personnel records.

A complete copy of the applicant’s request for reconsideration  is  at
Exhibit E.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  In earlier findings, we determined  that  there  was  insufficient
evidence to warrant any corrective action  regarding  the  applicant’s
request that his records be corrected to reflect that he retired  from
the Army of the United States  (Air  Corps).   We  have  reviewed  the
applicant’s most recent submission and find it insufficient to warrant
a reversal of our previous determination in this case.  The  applicant
asserts that had he been promoted  to  the  Reserve  grade  of  second
lieutenant, as the correction of his records now  indicate,  he  would
have stayed on active duty and retired, or, he would  have  gone  into
the Reserves remained in an active status until he  was  eligible  for
retired pay.   However,  in  our  view,  this  is  nothing  more  than
retrospective musings on the applicant’s part.  There  is  no  way  to
determine for certain at this late day  what  decision  the  applicant
would have made regarding his  career  had  he  been  appointed  as  a
commissioned officer during the 1946/1947 timeframe.  In view  of  the
above, and in the absence of evidence showing that the  applicant  had
the requisite years of service  to  be  eligible  for  retirement,  we
adhere to the original decision and conclude that no basis  exists  to
act favorably on his request.

2.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of   the   issues   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable  material  error  or  injustice;
that the application was denied without  a  personal  appearance;  and
that the application will only be reconsidered upon the submission  of
newly  discovered  relevant  evidence   not   considered   with   this
application.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 5 Jan 00, under the provisions of AFI 36-2603:

      Mrs. Barbara A. Westgate, Panel Chair
      Mr. Robert W. Zook, Member
      Mr. Gregory H. Petkoff, Member

The following additional documentary evidence was considered:

    Exhibit E.  Letter from Congressman, dated 25 May, 99,
    w/atchs.




                                   BARBARA A. WESTGATE
                                   Panel Chair

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