RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-04088
            INDEX CODE:  131.09

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His rank of sergeant be restored.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He was demoted from the rank  of  sergeant  to  private  without  just
cause.

In support of his request, the applicant submits a personal statement,
a copy of his WD  AGO  Form  53-55  (Enlisted  Record  and  Report  of
Separation) and additional documents associated with the issues  cited
in  his  contentions.   The  applicant’s  complete  submission,   with
attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant's military personnel records were destroyed by fire in 1973.
 Therefore, the facts surrounding his reduction  and  separation  from
the Army Air Force cannot be verified.

Information extracted from  applicant’s  submission  reveals  that  he
entered active duty on 26 October 1942.  On 6 April 1943, in the grade
of private first class, the applicant completed the Airplane Mechanics
Course at Seymour Johnson Field, NC.  He was honorably discharged from
the Army Air Force on 31 August 1945 under the provisions of  AR  615-
365 (convenience of the  government  RR  1-1  (demobilization)).   His
highest grade held was corporal.  The applicant had completed a  total
of 1 year, 3 months and 23 days of continental service and 1  year,  6
months and 13 days of foreign service and was serving in the grade  of
corporal at the time of discharge.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPWB recommends the  application  be  time  barred.   DPPPWB
states that the applicant has waited more  than  58  years  after  his
discharge to petition the AFBCMR.  His unreasonable delay  has  caused
prejudice to the Air Force.  Relevant records have been  destroyed  or
are no longer  available,  memories  have  failed  and  witnesses  are
unavailable.  DPPPWB has reviewed the limited  records  and  finds  no
documentation concerning  his  reduction  from  sergeant  to  private.
There is no documentation showing he ever held the grade of  sergeant.
The applicant’s Enlisted Record  and  Report  of  Separation  reflects
corporal as the highest grade held.  The HQ AFPC/DPPPWB evaluation  is
at Exhibit B.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  applicant  on  6
February 2004 for review and response (Exhibit C).

On 25 February 2004, the applicant requested that his  application  be
withdrawn.  By letter, dated 19 May 2004, the applicant requested that
his appeal be reopened for consideration by the Board (Exhibit D).

The applicant reviewed  the  advisory  opinion  and  states  that  the
personal letter he has provided, with the letterhead of U.S. Army  Air
Forces Flexible Gunnery School,  dated  13  July  1943,  indicates  he
completed the training and was promoted to sergeant.  In addition,  he
has provided copies of numerous envelopes,  with  the  return  address
showing “Sgt.”  The applicant’s complete submission, with attachments,
is 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.  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.
However, we agree with the opinion and recommendation of the Air Force
office of primary responsibility and adopt the rationale expressed  as
the basis for our decision that the applicant has  failed  to  sustain
his burden that he has suffered  either  an  error  or  an  injustice.
Although the applicant submitted a  copy  of  a  personal  letter  and
envelopes with the return address reflecting the rank of sergeant,  no
official documentation has been provided to substantiate he  held  the
rank of sergeant.  We note that the  applicant’s  separation  document
clearly reflects his highest grade held was corporal.  Notwithstanding
any argument concerning the highest grade the applicant held on active
duty, the applicant’s separation document appears to indicate that  he
was demoted to the grade of private at some time during  his  military
service.  Other than his own assertions, the applicant has provided no
evidence showing his separation in the grade of private was  erroneous
or unjust.  Without documentary evidence showing the contrary was  the
case, 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  this  application  in
Executive Session on 29 July 2004, under the  provisions  of  AFI  36-
2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Ms. Kathleen F. Graham, Member
                  Mr. Vance E. Lineberger, Member

The following documentary evidence was considered in  connection  with
AFBCMR Docket Number BC-2003-04088.

   Exhibit A.  DD Form 149, dated 12 Nov 03, w/atchs.
   Exhibit B.  Letter, HQ AFPC/DPPPWB, dated 22 Jan 04.
   Exhibit C.  Letter, SAF/MRBR, dated 6 Feb 04.
   Exhibit D.  Letters from Applicant, dated 25 Feb 04 and
               19 May 04.
   Exhibit E.  Letter from Applicant, dated 24 Apr 04, w/atchs.




                                   RICHARD A. PETERSON
                                   Panel Chair