RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-02429
INDEX CODE: 123.01
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Record of Discharge (Block 55) be corrected to remove Time Lost under
AW (Article of War) 107-107 days.
_________________________________________________________________
APPLICANT CONTENDS THAT:
During his enlistment he was never absent without leave. Therefore, the
comment in the remarks section about 107 days time lost is incorrect.
In support of his application, the applicant provided a copy of his
separation document and qualification record, and several documents
pertaining to the duties he performed. The applicant’s complete
submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from the
applicant's military records, are contained in the letter prepared by the
appropriate office of the Air Force at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPW recommends the application be denied. DPW states that the
applicant’s complete military personnel record was destroyed in the 1973
fire at the National Personnel Records Center, St. Louis, MO. DPW states
that there is insufficient evidence to grant the applicant's request (see
Exhibit B).
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant reiterates that Block 55 of his Record of Discharge should be
corrected to reflect no time lost. He states he is not requesting any back
pay for the lost time and does not want a negative reflection in his
record.
A copy of the applicant’s response is at Exhibit D.
_________________________________________________________________
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. After reviewing the evidence
provided, some doubt exists as to whether the contested entry on the
applicant’s separation document is correct. The applicant’s records were
destroyed and, therefore, verification of the time lost is not possible.
We note the applicant served during wartime, performed duties in the
European Theater of Operations from 1943 until 1945, and was issued an
honorable discharge because of demobilization shortly after his return
from that location. In view of the potentially severe consequences in
those days for such a large amount of time lost, this information seems
to us to be at odds with the reason for and characterization of his
discharge. In viewing the totality of the circumstances of this case, it
is our opinion that any doubt in this matter should be resolved in the
applicant’s favor. Accordingly, his records should be corrected in the
following manner.
___________________________________________________________________
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
discharge on 10 October 1945, he was not charged with one hundred seven
days (107) time lost under Article of War 107 but the one hundred seven
days were considered creditable service for all purposes, and all
references to time lost be deleted from his records.
___________________________________________________________________
The following members of the Board considered this application in
Executive Session on 23 January 2002, under the provisions of AFI 36-
2603:
Mrs. Barbara A. Westgate, Chair
Mr. Benedict A. Kausal IV, Member
Mr. Gregory Petkoff, Member
All members voted to correct the records for Case Docket Number 01-02429,
as recommended. The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 June 2001, w/ atchs.
Exhibit B. Letter, AFPC/DPW, dated 5 December 2001 w/atch.
Exhibit C. Letter, SAF/MIBR, dated 14 December 2001.
Exhibit D. Applicant’s Letter, dated 8 January 2002.
BARBARA A. WESTGATE
Chair
AFBCMR 01-02429
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 toXXXXXXXXXXXXXX, be corrected to show that at the time of his
discharge on 10 October 1945, he was not charged with one hundred seven
(107) days time lost under Article of War 107 but the one hundred seven
days were considered creditable service for all purposes, and all
references to time lost be deleted from his records.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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