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AF | BCMR | CY2002 | 0102429
Original file (0102429.doc) Auto-classification: Approved

                            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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