RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  01-01507
            INDEX CODE 115.04 128.04 131.00
            COUNSEL:  None

            HEARING DESIRED:  Yes

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded compensation for lost flight pay from Mar 56 to Feb  59,
updated pay differential, E-3 to E-4 from Mar 57 to Feb 59, and a  set
of ACM [aircrew member] wings.

_________________________________________________________________

APPLICANT CONTENDS THAT:

In 1956 at Andrews AFB, he was illegally grounded  and  denied  flight
pay and a timely promotion on the basis of racial hatred. Although  he
met the requirements for a Class III flight status, the flight surgeon
conspired with others to keep him from flying.   He  was  disqualified
for lack of interest  and  motivation.   The  Inspector  General  (IG)
determined that his rights had been violated and demanded  he  be  put
back into his career field.  For  40  years  he  has  suffered  mental
anguish, self-doubt and anxiety.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant's military personnel records pertaining to his Air Force
enlistment were destroyed  by  fire  in  1973.  Therefore,  the  facts
surrounding his qualification for flight pay and promotion  could  not
be determined or verified.

According to the DD Form 214 submitted by the applicant,  he  enlisted
in the Air Force in the grade of airman  basic  on  24 Jun  55  for  a
period of 4 years. He was honorably discharged in the grade of  airman
second class on 26 Feb 59 with 3 years, 8 months and 3 days of  active
service.

By letter dated 19 Jul 01, the AFBCMR intake office at  Randolph  AFB,
TX, asked the applicant to provide additional documents in support  of
his appeal (Exhibit B).

In response, the applicant provided two photographs, a  prior  service
form, a 13 Mar  56  certificate  of  proficiency  for  completing  the
airborne radio operator course at Keesler AFB, MS and a  letter  dated
29 Sep 59 addressed to him at the 1068th Air Base Group in  Charleston
AFB, SC (Exhibit C).

In a letter dated  8  Nov  01,  the  AFBCMR  Staff  also  invited  the
applicant  to  provide   additional   documents   and/or   information
supporting his contentions and request  (Exhibit  D).   The  applicant
provided a response reiterating his allegations; however, he submitted
no additional materials (Exhibit E).

With  a  letter  dated  26 Dec  01,  an  individual  forwarded  orders
reflecting that both he and the  applicant  graduated  from  the  same
airborne radio operator course in Keesler AFB effective 13 Mar 56  and
were subsequently assigned to the 1401st Air Base Wing at Andrews  AFB
effective 23 Mar 56. He also provided an aeronautical order  assigning
him and two other individuals (not the applicant) to crewmember status
effective 9 May 56.  A copy of the letter,  with  attachments,  is  at
Exhibit F.

_________________________________________________________________

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  granting  the
requested relief. In reaching  this  decision,  we  note  that  actual
evidence  supporting  much  of  the  applicant's  claim  is  virtually
nonexistent.  The  submitted  documentation  does  confirm   that   he
graduated from an airborne radio  operator  course  in  May  56.   The
applicant also appears to have been  fit  enough  to  play  basketball
during the 58-59 season, but no  evidence  appears  to  exist  or  was
provided to substantiate his allegation that he was  grounded  because
of racial discrimination. However, we  believe  special  consideration
must be given to the times in which he was situated.   History  itself
has clearly shown that during the period in question racial  prejudice
was fairly commonplace and even blatant discrimination went unchecked.
While we concede that the reason the applicant did not  attain  flight
status may, in fact, have  been  bona  fide,  we  also  find  it  very
plausible that he may  have  been  denied  aircrew  membership  merely
because of his race.  Since the latter possibility exists, we  believe
any  doubt  in  this  case  should  be  resolved  in  his  favor.  The
applicant's requested effective dates were considered; however,  since
the orders submitted by his former classmate provide a  key  piece  of
concrete evidence substantiating some of his  claims,  we  believe  we
should be guided by these documents.  We note that Special  Order  No.
47 reflects they both graduated from an airborne radio operator course
effective 13 Mar 56 and, according to Aeronautical Order No.  37,  the
classmate was awarded flight status effective 9 May 56. The applicant,
who attended the same course and had the same  first  assignment,  has
given us no reason to believe he would have achieved flight status any
earlier. Therefore, we are persuaded the applicant should  be  awarded
flight pay beginning in May 56, rather than Mar 56, and he  should  be
promoted to E-4 one year later in May 57, rather than Mar 57, and this
we so recommend.

_________________________________________________________________

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  awarded  air
crew member wings and completed  the  requisite  number  of  hours  of
flying time per month from 9  May  1956  to  26  February  1959,  with
entitlement to flight pay as an air crew member, and was  promoted  to
the grade of E-4 effective and with a date of rank of 9 May 1957.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 6 February 2002, under the provisions of AFI  36-
2603:

                  Ms. Olga M. Crerar, Panel Chair
                  Mr. Thomas J. Topolski Jr., Member
                  Ms. Carolyn B. Willis, Member

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

   Exhibit A. DD Form 149, dated 21 May 01, w/atchs.
   Exhibit B. Letter, SAF/MRBR dated 19 Jul 01.
   Exhibit C. Applicant's Response, undated, w/atchs.
   Exhibit D. Letter, AFBCMR, dated 8 Nov 01.
   Exhibit E. Letter, Applicant, dated 4 Dec 01.
   Exhibit F. Letter, Former Classmate, dated 26 Dec 01, w/atchs.




                                   OLGA M. CRERAR
                                   Panel Chair




AFBCMR 01-01507




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 awarded air
crew member wings and completed the requisite number of hours of
flying time per month from 9 May 1956 to 26 February 1959, with
entitlement to flight pay as an air crew member, and was promoted to
the grade of E-4 effective and with a date of rank of 9 May 1957.





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency