RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-00704
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His records be corrected to show that he was discharged from the Air Force
as a captain with active duty from February 1942 to 7 June 1950.
APPLICANT CONTENDS THAT:
He was sworn into the United States Army Air Force in February 1942 and
served until 7 June 1950, at which time he was told that he was discharged
as a captain.
The applicant states that he plans to be buried in a military cemetery and
wants his records to be correct and correspond to what he has told his
family and friends over the years.
The applicant’s complete submission is attached at Exhibit A.
STATEMENT OF FACTS:
On 19 May 1942, the applicant enlisted in the United States Army Air Corps,
Air Force Enlisted Reserve, in the grade of private.
The applicant served on active duty from 21 February 1943 to 7 February
1944.
On 8 February 1944, the applicant was appointed a second lieutenant in the
Army of the United States and was promoted to first lieutenant on 4
September 1945.
On 27 February 1948, the applicant was tendered an appointment as a captain
in the Officers’ Reserve Corps under Section 37, National Defense Act.
The applicant accepted appointment as a captain, Air Reserve, Air Force of
the United States on 20 July 1948.
Applicant was relieved from active duty on 7 June 1950 by reason of undue
hardship.
Effective 1 April 1953, the applicant was voluntarily terminated from the
Air Force Reserve.
AIR FORCE EVALUATION:
The Chief, Officer Promotion Section, AFPC/DPPPO, reviewed the application
and states that applicant’s Military Record and Report of
Separation/Certificate of Service is correct. It reflects the applicant’s
service while on active duty as a commissioned officer (8 February 1944
through 7 June 1950) and reflects his highest grade held while on active
duty (1st Lt, USAF), in the Army of the United States. Appointment in the
Officers’ Reserve Corps did not affect an officer’s status on active duty
and they did not perform the duties of an officer under this appointment
until so directed by competent orders. Therefore, they recommend denial of
applicant’s request.
A complete copy of the evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the evaluation and states that the evaluation fails
to address his biggest concern - that he was discharged from the Army even
though his name states USAF. Furthermore, the period indicated on the
Certificate of Service incorrectly states his period of service as 8
February 1944 to 7 June 1950. Immediately after the Japanese attack of
Pearl Harbor, he took the written and physical tests to enter the Army Air
Force pilot cadet program. He was sworn into the Army Air Force and told
to go back to college where he would be notified of when and where to go on
active duty. He received his orders and reported for active duty on 21
February 1943. To his knowledge, he never served in the Army after the Air
Force was formed.
The applicant’s complete response is at Exhibit D.
ADDITIONAL AIR FORCE EVALUATION:
SAF/MIBR contacted AFPC/DPPRS regarding the issuance of the Certificate of
Service and provided the following:
a. The Air Force used Department of the Army Directives and Forms
well beyond the date the Air Force became a separate branch of service.
b. The earliest directive available was Army Regulation 635-5,
Personnel Separations - Separation Forms. The contested form became
obsolete with the revision to the regulation in January 1960. Prior to
that date, the form would have been preprinted with the “Army of the United
States” heading given the use of Army forms/publications at the time. As
was indicated on the applicant’s form, his branch of service was indicated
at the “Given at” portion of the form.
c. There were no provisions to amend the form as with the Report
of Separation. Corrections involved reissuing the form. Based on the
foregoing, there is no administrative remedy to effect the corrections the
applicant seeks.
A complete copy of the evaluation is at Exhibit E.
APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
The applicant reviewed the evaluation and states that he was discharged
from the Army as indicated on his Certificate of Service. He should have
been discharged from the Air Force. In addition, he served on active duty
from 21 February 1943 to 7 June 1950. There is no monetary issue involved
in his request. He does not receive a military pension and his Social
Security is the maximum without credit for any military service.
Applicant’s complete response is attached at Exhibit G.
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. Insufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice. In this respect, we note that
applicant’s Military Record and Report of Separation/Certificate of Service
correctly reflects his service while on active duty as a commissioned
officer during the period 8 February 1944 through 7 June 1950 and reflects
his highest grade held while on active duty (1st Lt, USAF), in the Army of
the United States. The applicant’s appointment in the Officers’ Reserve
Corps did not affect his status on active duty. In addition, the Air Force
used Department of the Army Directives and Forms well beyond the date the
Air Force became a separate branch of service and the contested form
(certificate of service) was used until the revision of the applicable
regulation in January 1960. Therefore, in the absence of evidence to the
contrary, we find no compelling basis to recommend granting the relief
sought in this application.
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 26 October 2000, under the provisions of AFI 36-2603:
Mr. Henry Romo, Jr., Panel Chair
Mr. Laurence M. Groner, Member
Mr. John E. Pettit, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Mar 00, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPO, dated 12 Jun 00.
Exhibit D. Letter, Applicant, dated 20 Jun 00.
Exhibit E. Letter, SAF/MIBR, dated 29 Aug 00.
Exhibit F. Letter, Applicant, date 18 Sep 00, w/atchs.
HENRY ROMO, JR.
Panel Chair
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