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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