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AF | BCMR | CY2003 | BC-2003-01196
Original file (BC-2003-01196.doc) Auto-classification: Denied




                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01196
            INDEX CODE:  131.03

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His deceased father be promoted to Master Sergeant (MSgt/E-7).

_________________________________________________________________

APPLICANT CONTENDS THAT:

After many recommendations, his father was  never  promoted  to  MSgt.
The applicant, recently going over some old papers  that  belonged  to
his father, came across some evaluations that showed that  his  father
had been placed at the top of his  field.   He  noted  also  that  his
father had been recommended for promotion to MSgt  at  least  3  years
prior to his retirement.  Applicant notes that his father had received
an Outstanding Unit Award  twice.   And,  that  upon  retirement,  his
father received the Military Merit Award.  He believes the  Air  Force
could have done one more thing for his father, and that was to promote
him to MSgt.

In support of his appeal, the applicant  has  provided  a  copy  of  a
letter he wrote to the President, copies of  his  father’s  birth  and
death certificates, a copy of a letter of appreciation from  President
Johnson to the 89th  Military  Airlift  Wing  commander,  wherein  the
President asks that a copy be placed into each member  of  the  89th’s
record, and several other documents from his father’s military record.

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

_________________________________________________________________

STATEMENT OF FACTS:

The deceased member enlisted in the Regular Air Force on 21 June 1949.
 He attained the rank of Technical Sergeant (TSgt/E6) with a  date  of
rank of 1 June 1965.  He applied  for  voluntary  retirement  with  20
years or more active service and was retired effective 31  July  1969.
He had served 20 years, 1 month, and 10 days.

_________________________________________________________________


AIR FORCE EVALUATION:

AFPC/DPPPWB reviewed this application and recommended  that  short  of
the  Board  denying  the  case  on  its  merits,   DPPPWB   recommends
applicant’s request be time barred.  DPPPWB noted the untimeliness  of
the application.  During the time frame between  1949  and  1969,  the
minimum qualifications for promotion to MSgt  were  2  years  time  in
grade, a  7-skill  level  in  his  Air  Force  Specialty,  and  to  be
recommended by ones commander.  DPPPWB notes that these  were  minimum
requirements for promotion and in no way a guarantee that one would be
promoted.  Finally, DPPPWB finds nothing in the former member’s record
to indicate an error or injustice was made that prevented  the  former
member’s promotion to MSgt.

DPPPWB’s complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
23 May 2003 for review and comment within 30 days.  As of  this  date,
no response has been received by this office.

_________________________________________________________________

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  and
find that the applicant’s father served his country honorably for over
20 years and  was  recognized  appropriately  throughout  his  career.
However, we agree with the opinion and recommendation of the Air Force
office of primary responsibility and  adopt  their  rationale  as  the
basis for our conclusion that the deceased member  has  not  been  the
victim of an  error  or  injustice.   Therefore,  in  the  absence  of
evidence to the contrary, we find no  compelling  basis  to  recommend
granting the relief sought in this application.

_________________________________________________________________

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 AFBCMR Docket Number BC-
2003-01196 in Executive Session on 5 August 2003, under the provisions
of AFI 36-2603:

      Mr. Vaughn E. Schlunz, Panel Chair
      Mr. Mike Novel, Member
      Ms. Jean A. Reynolds, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Apr 03, w/atchs.
    Exhibit B.  Decedent's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPWB, dated 2 May 03.
    Exhibit D.  Letter, SAF/MRBR, dated 23 May 03.




                                   VAUGHN E. SCHLUNZ
                                   Panel Chair

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