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AF | BCMR | CY2002 | 0202507
Original file (0202507.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-02507
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His rank be changed from technical sergeant (E-6) to  master  sergeant
(E-7).
_________________________________________________________________

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.

In support of his request, the applicant submits a personal  statement
from  his  daughter  and  copies  of  his  discharge  documents.   The
applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant was honorably discharged from the Army Air  Corps  on  1
Apr 47 under the provisions of  AR  615-360  (Expiration  of  Term  of
Service).  He was serving in the grade of technical sergeant (E-6)  at
the time of discharge.  The applicant’s Enlisted Record and Report  of
Separation reveals E-6 as the highest grade held.

The remaining  relevant  facts  pertaining  to  this  application  are
contained in the letter prepared by the appropriate office of the  Air
Force at Exhibit B.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPWB recommends the application  be  time  barred;  however,
should the Board choose to decide  the  case,  they  recommend  it  be
denied on its merits.  With respect to the applicant’s contention that
his recruitment officer promised him a promotion to master sergeant (E-
7) for reenlisting, DPPPWB  stated  that  there  is  no  documentation
concerning a promotion to the grade of E-7.  Based  on  the  extremely
limited records and the passage  of  time,  it  is  not  possible  for
DPPPWB, at this point, to determine if promotion to a higher grade was
appropriate.  DPPPWB believes that, after  serving  over  4  years  of
active duty, his promotion history and eligibility for promotion would
have been reviewed at the time  of  separation.   The  HQ  AFPC/DPPPWB
evaluation is at Exhibit B.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant and his daughter reviewed  the  advisory  opinion.   The
applicant’s daughter stated that her father was promised  a  promotion
to the grade of master sergeant.  She indicated that her  father  does
know what he was promised 55 years ago.  She is aware that a  document
verifying this promise would clear up the matter, but her father  took
the promise of an officer of the U.S.  Army  as  the  promise  of  the
government that would be upheld just  as  he  would  uphold  a  verbal
promise to another person.  A complete copy  of  this  response,  with
attachments, 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.    Insufficient relevant evidence has been presented to demonstrate
the  existence  of  error  or  injustice.   We  took  notice  of   the
applicant's complete submission in judging the merits of the case.  We
recognize his service to the Nation.  However, no documentary evidence
has been presented to indicate that a recommendation for promotion was
officially  submitted.   In  the  absence  of   documentary   evidence
substantiating that the applicant was recommended for promotion to the
grade of E-7 and that such a recommendation was approved,  we  do  not
find the evidence provided establishes that the applicant has been the
victim of an error or injustice.  In view of the above, we agree  with
the opinion and recommendation of the  Air  Force  office  of  primary
responsibility and adopt their rationale as our findings in the  case.
Accordingly, the applicant’s request  for  promotion  to  E-7  is  not
favorably considered.
_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of 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  02-02507
in Executive Session on 10 October 2002, under the provisions  of  AFI
36-2603:

                  Mr. Joseph A. Roj, Panel Chair
                  Ms. Diane Arnold, Member
              Mr. Laurence M. Groner, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 26 Jul 02, w/atchs.
   Exhibit B.  Letter, HQ AFPC/DPPPWB, dated 27 Aug 02.
   Exhibit C.  Letter, SAF/MRBR, dated 6 Sep 02.




                                   JOSEPH A. ROJ
                                   Panel Chair

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