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AF | BCMR | CY2004 | BC-2003-03435
Original file (BC-2003-03435.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03435
            INDEX CODE:  110.02
            COUNSEL:  Mr. Joe Ehrlich

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  Her father's records be corrected to show that he retired from  the  Air
Force effective 17 Dec 59.

2.  She receive back retirement pay, plus interest.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her father's career of 20 plus years of exemplary service abruptly ended  in
1959 without him being retired.

In support of her request, applicant provided WD Form 66, Officer's  Warrant
Officer's and  Flight  Officer's  Qualification  Record;  a  Certificate  of
Appointment, special order  A-343,  a  Death  Certificate;  DD  Form  256AF,
Honorable Discharge Certificate; a  document  extracted  from  the  deceased
member’s  medical  record,  and  photos.   Her  complete  submission,   with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The decedent's master personnel records were destroyed by fire  in  1973  at
the National Personnel Records Center, St. Louis, MO.   The  only  available
information was obtained from records reconstructed with documents  provided
by the applicant.

Data extracted from documents provided by the  applicant  reflects  that  he
was appointed a second lieutenant, Calvary Reserve, on 31 May 38 and  served
in that capacity until 20 Aug 41.  During that period he served 2  weeks  on
active duty.  He entered active duty in the Army of the United States on  21
Aug 41, in the temporary grade of first lieutenant.   He  was  progressively
promoted to the temporary grade of major effective and with a date  of  rank
of 3 May 44.  On 19 Jun 47, he was transferred to the Regular  Army  in  the
permanent grade of first lieutenant.  On 10 Oct 47, he  was  transferred  to
the Regular Air Force.  He was subsequently promoted through  the  ranks  to
the grade of lieutenant colonel, having assumed  that  grade  effective  and
with a date of rank of 20 Feb 51.  His qualification record reflects he  was
honorably discharged from the Regular Air Force on 28 Nov 59;  however,  his
Honorable Discharge certificate reflects he was discharged  on  17  Dec  59.
Based on the available documentation, it appears he served approximately  18
years, 4 months, and 11 days on active duty and 3 years, 2  months,  and  20
days in a Reserve component.

_________________________________________________________________

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.  Based upon the presumption  of  regularity
in  the  conduct  of  governmental  affairs  and  without  evidence  to  the
contrary, we must assume that the applicant's separation was proper  and  in
compliance with appropriate directives.   The  available  evidence  reflects
that the deceased member did not serve the necessary  years  of  service  in
order  to  qualify  for  retirement.   Therefore,  based  on  the  available
evidence, and in the absence of evidence to the contrary, we find  no  basis
upon which to recommend granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue  involved.   Therefore,  the  request  for  a
hearing 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 AFBCMR Docket Number  BC-2003-
03435 in Executive Session on 16 Mar 04, under the  provisions  of  AFI  36-
2603:



      Ms. Olga M. Crerar, Panel Chair
      Mr. James W. Russell III, Member
      Mr. James A. Wolfe, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 Oct 03, w/atchs.




                                   OLGA M. CRERAR
                                   Panel Chair

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