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AF | BCMR | CY2002 | 0101097
Original file (0101097.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-01097
            INDEX CODE 131.03 107.00
            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show that  he  was  promoted  to  the  grade  of
technical  sergeant  (E-6)  and  that  he  be  given   additional   campaign
participation credit.

_________________________________________________________________

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 FORCE EVALUATIONS:

The Chief, Inquiries/AFBCMR Section, AFPC/DPPPWB, reviewed  the  application
and recommends the Board impose the statute  of  limitations  and  deny  the
request.  However, should the Board decide the case, they  recommend  it  be
denied based on its merits.

A complete copy of the evaluation is attached at Exhibit B.

The Chief, Recognition Programs Branch, AFPC/DPPR, reviewed the  application
and states that it is  entirely  possible  that  the  applicant’s  unit  was
credited  with  participation  in  ten  campaigns;  however,  his  unit   of
assignment is not identified on his Report of Separation  and  without  this
information, they can not verify the correct  number  of  service  stars  to
which he is entitled.  Therefore, they recommend no change be  made  to  the
applicant’s campaign participation credit.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

The applicant reviewed the evaluations and provides responses  that  are  at
Exhibits D, F and H.

_________________________________________________________________

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  error  or  injustice  to  warrant  correcting   the
applicant’s records to reflect that he held the grade of technical  sergeant
at the time of his  discharge.   The  applicant  contends  that  during  the
period in question, once an  individual  was  placed  in  a  chief  engineer
position, they were  promoted  to  the  grade  of  technical  sergeant.   He
further contends that since he held this position, he  is  entitled  to  the
grade of technical sergeant.  In support of this contention,  the  applicant
submits statements from three individuals comparing their service  histories
to  his.   Although  no  official  documentation  has   been   provided   to
substantiate these statements, the National  Personnel  Records  Center  has
been unable to locate the applicant’s records and it is presumed  they  were
destroyed by fire in 1973.  In view of this, and since we have no reason  to
question the integrity of these World  War  II  veterans,  we  believe  this
doubtful issue should be decided in the applicant’s  behalf.  Therefore,  we
recommend his records  be  corrected  to  show  that  at  the  time  of  his
discharge on 23 September 1945, he held the grade of technical sergeant.

4.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable  error  or  injustice  to  warrant  a  change  in  the
applicant’s  campaign  participation  credit.   We  took   notice   of   the
applicant's complete submission in judging the merits of the case;  however,
we agree with the opinion and recommendation  of  the  Recognition  Programs
Branch and adopt their rationale as the basis for our  conclusion  that  the
applicant has not been the victim  of  an  error  or  injustice  to  warrant
changing his campaign participation credit.  Therefore, in  the  absence  of
evidence to the contrary, we find no compelling basis to recommend  granting
this portion of the application.


5.  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 issue(s) involved.  Therefore, the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to  show  that  at  the  time  of  his  honorable
discharge on 23 September 1945, he held the grade of technical sergeant  (E-
6).

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 26 July 2001, under the provisions of AFI 36-2603:

                  Mr. Patrick R. Wheeler, Panel Chair
                  Ms. Martha Maust, Member
                  Ms. Dorothy P. Loeb, Member

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

      Exhibit A.  DD Form 149, dated 13 Apr 01, w/atchs.
      Exhibit B.  Letter, AFPC/DPPPWB, dated 30 Apr 01.
      Exhibit C.  Letter, AFPC/DPPPR, dated 17 May 01.
      Exhibit D.  Letter, Applicant, 1 Jun 01.
      Exhibit E.  Letter, SAF/MIBR, dated 1 Jun 01.
      Exhibit F.  Letter, Applicant, dated 2 Jun 01.
      Exhibit G.  Letter, AFBCMR, dated 13 Jun 01.
      Exhibit H.  Letter, Applicant, dated 18 Jun 01, w/atchs.




             PATRICK R. WHEELER
                                  Panel Chair






AFBCMR 01-01097




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 APPLICANT, be corrected to show that at the time of his
honorable discharge on 23 September 1945, he held the grade of technical
sergeant (E-6).




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency


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