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AF | BCMR | CY2004 | BC-2004-00170
Original file (BC-2004-00170.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 04-00170
                 INDEX NUMBER:  128.00
                 COUNSEL:  NONE
                 HEARING DESIRED:  NO
_________________________________________________________________

APPLICANT REQUESTS THAT:

He receive pay for a period of time in December 1944.

_________________________________________________________________

APPLICANT CONTENDS THAT:

In December 1944, he was flying with the 376 Heavy Bomber  Group  when
his crew was told to return to the United States.  They  left  Naples,
Italy leaving everything behind to include their pay for the month  of
December.  All the enlisted men on his crew  were  "redlined"  on  the
payroll.  Since then he has been unsuccessful in  obtaining  his  pay.
He is 84 years old and in bad health.  He's been in the  hospital  six
times in the last year and a half and almost broke.

In support of his appeal, applicant provides a personal  statement,  a
copy of his Enlisted Record and Report  of  Separation  and  discharge
certificate.  A copy of the applicant's submission, with  attachments,
is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The  applicant’s  records  were  lost  of  destroyed.   The  following
information was extracted from documents supplied by the applicant.

The applicant was inducted into the Army  of  the  United  States  Air
Corps on 7 June 1941 and performed duties as an armorer  gunner.   The
applicant was honorably discharged in the grade of staff  sergeant  on
24  September  1945,   for   the   Convenience   of   the   Government
(Demobilization).  He was credited with 3 years, 9 months and 24  days
of continental service and 5 months and 24 days  of  foreign  service.
His discharge document shows he  participated  in  the  Naples-Foggia,
Rome-Arno, Rhineland, North Apennines, Air Combat Balkans and Southern
France campaigns.  He was awarded the Air Medal with  three  Oak  Leaf
Clusters, European-African-Middle  Eastern  Service  Medal,  the  Good
Conduct Medal and the American Defense Service Medal.

_________________________________________________________________

AIR FORCE EVALUATION:

DFAS-POCC/DE  recommends  the  application  be  denied.   DFAS-POCC/DE
states that the applicant's pay records are no longer  available  from
1944 to verify whether or not he received his  pay.   A  copy  of  the
evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 6  February  2004,  a  copy  of  the  DFAS-POCC/DE  evaluation  was
forwarded to the applicant for review and response.  As of this  date,
this office has not received a response.


_________________________________________________________________

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
do not find that it supports a determination that the applicant should
be paid for an undetermined period of time in  December  1944.   Other
than his own  assertions,  the  applicant  has  provided  no  evidence
showing he and his crew were “redlined” for pay.  We  are  mindful  of
the fact that more than 50 years  has  elapsed  since  this  incident;
however, without more expansive information  pertaining  to  his  pay,
which would lend support to his assertions that he was  not  paid,  we
are not inclined to favorably consider his request.   However,  should
the applicant obtain information  regarding  his  pay  or  assignments
during that time, he may, of course, request reconsideration  of  this
application and we would review this new evidence.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable  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 11 March  2004  and  12  April  2004,  under  the
provisions of AFI 36-2603:

                  Mr. Michael K. Gallogly, Panel Chair
                  Ms. Renee M. Collier, Member
                  Mr. Joseph D. Yount, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 3 Dec 03, w/atchs.
   Exhibit B.  Letter, DFAS-POCC/DE, dated 28 Jan 04.
   Exhibit C.  Letter, SAF/MRBR, dated 6 Feb 04.






                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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