RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-00190
            INDEX NUMBER:  107.00; 108.00

      XXXXXXXXXXXX     COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

_______________________________________________________________

APPLICANT REQUESTS THAT:

He be  awarded  service-connected  disability  for  injuries  sustained
during his military service.

He be awarded the Good Conduct Medal,  European-African-Middle  Eastern
Campaign Medal, and the Marksman Badge with  Carbine  and  Machine  Gun
Bars.

His records be corrected to show that he was promoted to the  grade  of
Corporal (E-3) before his discharge.

His 29 Apr 47 summary court-martial be set aside.

_______________________________________________________________

APPLICANT CONTENDS THAT:

He was injured during a fall from a defective  parallel  bar  in  basic
training and again while climbing a 60-foot pole while training in  his
military specialty and still has health problems from it today.

The decorations he earned and wore during his time in service were left
out of his official personnel records.

He received a summary court-martial based on a false statement made  by
a fellow service member.

He received a field promotion to corporal from his commander  that  was
not entered into his official records.

The applicant’s complete submission, with attachments, is at Exhibit A.

_______________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Army Air  Corp  on  28  Feb  46  and  was
discharged for the convenience of the government prior to expiration of
term of service on 7 Jan 49 in the grade of private.

The remaining relevant facts pertinent to this case  are  contained  in
the evaluations done by the appropriate offices of  the  Air  Force  at
Exhibits C, D, E, and F.

_______________________________________________________________

AIR FORCE EVALUATION:

AFLSA/JAJM recommends denial of the applicant’s request  to  set  aside
the summary court-martial he received.  The record does not reveal  any
clear error or injustice arising from the summary  court-martial.   The
testimony of four witnesses as well as the applicant’s plea  of  guilty
supported the conviction.  The findings of guilty and the sentence were
reviewed and approved by his commander.

The complete evaluation is at Exhibit C.

The BCMR  Medical  consultant  recommends  denial  of  the  applicant’s
request for service connected disability.  His records do  not  reflect
any debilitating conditions during his time in service.

The complete evaluation is at Exhibit D.

AFPC/DPPPR indicates that the applicant was notified of the awards  and
decorations that he  was  entitled  to  on  7  Oct  01  in  a  separate
Memorandum.  He was advised that he was only entitled to  the  American
Campaign Medal and the World War II Victory Medal.  He was not eligible
for the  Good  Conduct  Medal  due  to  the  Summary  Court-Martial  he
received.  He was not entitled to the marksman badge since his  records
clearly show he failed  to  qualify  on  the  weapons  he  fired.   The
applicant was not  eligible  for  the  European-African-Middle  Eastern
Campaign Medal since his assignment to the European Theater was outside
the period required to qualify for the award.

The complete evaluation is at Exhibit E.

AFPC/DPPPWB recommends denial of the applicant’s request for  promotion
to Corporal.  There is no  documentation  in  the  applicant’s  records
documenting  a  promotion  to  Corporal.   His  discharge   certificate
reflects that he was honorably discharged on 7 Jan 49 as a Private  and
that the highest grade he held while on active duty was  as  a  Private
First Class.

The complete evaluation, with attachments, is at Exhibit F.

_______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded to the Air Force evaluations  in  two  separate
letters.  In regards to the medals  he  is  requesting,  the  applicant
stresses that he wore all of the  medals  he  is  requesting  while  on
active duty, but they were not entered into his records.  He notes that
even the two medals that the Air Force indicates he was entitled to are
also not in his records.  The applicant again stresses that it was  the
false statement by a friend to the  first  sergeant  that  led  to  his
summary court-martial.  He also restates the circumstances that led  to
his promotion to Corporal and the incidents that  led  to  his  medical
problems.

The applicant’s responses are at Exhibits H and I.

_______________________________________________________________

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.  We took  notice  of  the
applicant's complete submission in judging  the  merits  of  the  case;
however, we agree with the opinions  and  recommendations  of  the  Air
Force offices of primary responsibility and adopt  their  rationale  as
the basis for our conclusion that the applicant has not been the victim
of an error or injustice.  The applicant failed to  provide  sufficient
evidence to substantiate his varied claims with the  exception  of  two
decorations that have since been provided to  him  by  the  Air  Force.
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 Docket Number 01-00190 in
Executive Session on 26 February 2002, under the provisions of AFI  36-
2603:

      Ms. Olga M. Crerar, Panel Chair
      Mr. Mike Novel, Member
      Mr. Michael V. Barbino, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, undated, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFLSA/JAJM, dated 16 Jul 01.
    Exhibit D.  Memorandum, BCMR Medical Consultant, dated
                16 Aug 01.
    Exhibit E.  Memorandum, AFPC/DPPPR, dated 18 Sep 01.
    Exhibit F.  Memorandum, AFPC/DPPPWB, dated 27 Sep 01,
                w/atchs.
    Exhibit G.  Letter, SAF/MIBR, dated 5 Oct 01.
    Exhibit H.  Letter, Applicant, undated.
    Exhibit I.  Letter, Applicant, undated, w/atchs.




                                   OLGA M. CRERAR
                                   Panel Chair