RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-02271
            INDEX CODE:  100.00, 110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected  to  show  that  his  rank  at  the  time  of
discharge was sergeant instead of corporal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was transferred from Keesler AFB, as a sergeant.  His records  were
lost.  He was reduced to a  private  at  Andrews  AFB  and  was  later
discharged as a corporal.  He feels his rank of sergeant  should  have
been reinstated with a one-grade increase for enlisting three years in
the Reserves, thereby earning the rank of staff sergeant.

In support of his appeal, the applicant  provided  copies  of  service
records showing he served in the grade of sergeant and was  discharged
as a corporal, and, other documents associated with the  issues  cited
in his contentions.  Applicant’s complete submission  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

It has been determined that  the  applicant’s  records  were  lost  or
destroyed  and   efforts   at   reconstruction   have   been   largely
unsuccessful.  Available records indicate the applicant entered active
duty on 27 March 1946 and was honorably  discharged  in  the  rank  of
corporal on 7 April 1947.  He served three years in the Army  Reserves
and was honorably discharged in the rank of corporal on 4 April 1950.

Other 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.

_________________________________________________________________



AIR FORCE EVALUATION:

AFPC/DPPPWB states that relevant records have been destroyed or are no
longer available, memories have failed and witnesses are  unavailable.
Based on the limited records and  the  passage  of  time,  it  is  not
possible at this point in time to determine  the  exact  circumstances
regarding his reduction from sergeant to private.  In the  absence  of
documentation to the contrary (promotion order, financial  statements,
Report of Separation), they must  assume  he  was  discharged  in  the
proper grade—corporal.   A complete copy of the evaluation is attached
at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluation and states that the reason
for this request is that he was told that soldiers could be buried  at
Fort Snelling Cemetery at his highest grade held.  He states that he’s
not asking for anything else.  He was a very excellent and  forthright
soldier.  He never cost the AAF a minute’s trouble and always did more
than was asked of him.  He could get upset  at  the  AAF  at  Shepherd
Field for losing his  records  in  Basic  Training.   He  and  another
soldier were pulled out for two weeks, half way through and  they  had
to start all over again with a new group.  The AAF  lost  his  records
again when he was transferred from Keesler Field, MS to  SAC,  Andrews
Field, reducing him from sergeant to private.   He  states,  that  was
absolutely uncalled for.

He states that Major B--- called him in and said he would increase his
grade at every opening in the Table of Organization, which he did.  At
the time of discharge, he told him if he enlisted for three years,  or
in the Reserves; he had the authority to raise  his  grade  one  step,
which he did.  He never received notice of the grade increase.  That’s
the reason he never reenlisted a second time.

He worked for United Power Association as a  Senior  Systems  Controll
Supervisor controlling Fossil and Atomic Power Plants and  its  grids.
He bought and sold power, wrote orders for lineman,  electricians  and
power plant operators.  He retired with 35 years at age 59 and a  half
from United Power Association.

Applicant’s complete submission is attached at Exhibit E.

_________________________________________________________________

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 an error or injustice.  Applicant’s records  are  not
available  for  review;  therefore,  circumstances   surrounding   his
appropriate grade at time of discharge cannot be verified.   Based  on
the evidence provided, it does appear that  the  applicant  served  on
active duty in the grade of sergeant and, for reasons unknown, he  was
transferred to the Reserve in the grade of corporal.  Applicant states
that due to his records being lost, he  entered  the  Reserve  in  the
grade of corporal and was told that his  grade  would  be  changed  to
sergeant.  As stated above, documentation to substantiate  applicant’s
allegations is missing.  After reviewing the  available  documentation
and noting applicant’s contentions, the majority of the Board believes
that applicant’s grade at time of discharge from the Reserve should be
changed to sergeant.  In  this  regard,  the  majority  of  the  Board
believes that applicant’s allegations appear  reasonable  and  in  the
absence of any evidence that he was demoted, he should be separated in
the higher grade.  In view of the above findings, the majority of  the
Board recommends his records be  corrected  to  the  extent  indicated
below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that on 3 April  1950,  he
was promoted to the grade of sergeant and on  4  April  1950,  he  was
discharge from the Air Force Reserve in the grade of sergeant.

_________________________________________________________________

The following members of the Board considered this  application  on  5
November 2002, under the provisions of AFI 36-2603:

                 Mr. Joseph G. Diamond, Panel Chair
                 Ms. Kathleen F. Graham, Member
                 Mr. Joseph A. Roj, Member

By a majority vote,  the  Board  voted  to  correct  the  records,  as
recommended.  Mr. Roj voted to deny applicant's request, but  does not
desire  to  submit  a  Minority  Report.   The  following  documentary
evidence was considered:







   Exhibit A.  DD Form 149, dated 24 Jan 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPWB, dated 10 Sep 02.
   Exhibit D.  Letter, AFBCMR, dated 20 Sep 02.
   Exhibit E.  Applicant’s Response, dated 7 Oct 02, w/atch.




                                   JOSEPH G. DIAMOND
                                   Panel Chair







AFBCMR 02-02271
INDEX CODE:  131.00



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 on 3 April 1950, he was
promoted to the grade of sergeant and on 4 April 1950, he was
discharge from the Air Force Reserve in the grade of sergeant.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency