RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER: BC-2004-01683
                                        INDEX CODE:  107.00

                                        COUNSEL:  NONE

                             HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge papers reflect the rank of sergeant versus private.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He would like his grave marker to reflect the rank of sergeant not  private.
 He earned his rank while serving in combat.

In support of his request, applicant submits a copy of his  Enlisted  Record
and Report of  Separation  with  his  Honorable  Discharge  certificate  and
excerpts  from  his   military   record.    Applicant’s   submission,   with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was inducted into the Army of the United  States  on  24 September
1942 and entered active duty on 8 October 1942.  He was assigned to duty  in
the Air Corps, and was progressively  promoted  to  the  grade  of  sergeant
(temporary) effective 1 June 1944.  He performed duties as an  Airplane  and
Engine Mechanic.  He was honorably discharged in the grade  of  private,  on
21 November 1945, having accrued 2 years, 4 months  and  19  days  of  total
active military service, of which 8 months and 28 days was foreign  service.
 He had 10 days’ lost time.

On 27 June 1945, two entries in  his  financial  allotment  portion  of  his
service record reflect his  discontinuance  of  two  savings  allotments  by
stated reason of reduction in grade.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPWB recommends the application be time barred.  DPPPWB  states  that
the applicant's records reflect he was  promoted  from  private  to  private
first class on 17 March 1943, to corporal on 27 May 1943,  and  to  sergeant
(temporary) on 1 June 1944.  On 25 June 1945, his service record  shows  his
rank as private.  There are no documents to indicate why he was  demoted  to
private.  DPPPWB states that based on extremely limited records and  passage
of time, it is not possible to determine whether applicant's  rank  at  time
of discharge was in error.  The DPPPWB evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

On 9 July 2004, a  copy  of  the  Air  Force  evaluation  was  sent  to  the
applicant for review and comment.  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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence  of  injustice.   The  documentation   in   his   record   clearly
establishes the applicant was promoted to sergeant  (Temporary)  on  1  June
1944.  The Board majority also notes that  on  26  June  1945,  his  service
record shows his rank was private.  Based on the absence of  any  record  of
company punishment or court-martial in  the  applicant’s  existing  records,
the fact that he served more than a year in the grade of sergeant,  in  view
of his character  and  efficiency  ratings  of  satisfactory  and  excellent
throughout the time he served and, in particular,  the  “excellent”  ratings
he received on 29 July 1945, the Board majority believes some  doubt  exists
of the propriety of the applicant’s separation  in  the  grade  of  private.
The Board majority is of the  opinion  that,  in  view  of  the  applicant’s
service to the Nation, any doubt in this matter should be resolved in  favor
of the applicant.  Therefore, the Board majority recommends his  records  be
corrected to the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that he  was  promoted  to  the  grade  of
sergeant, effective 20 November 1945, and on       

21 November 1945, he was honorably discharged  in  the  grade  of  sergeant,
rather than private.

_________________________________________________________________

The following members of the Board  considered  Docket  Number  01-02836  in
Executive Session on 11 August 2004, under the provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Martha J. Evans, Member
      Ms. Martha A. Maust, Member

By a majority vote, the Board recommended approval of the application.   Mr.
Markiewicz voted to deny the applicant’s request and  elected  to  submit  a
minority report, which is at Exhibit E.  The following documentary  evidence
was considered:

    Exhibit A.  DD Form 149, dated 19 May 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPWB, dated 23 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Jul 04.
    Exhibit E.  Minority Report, dated 16 Sep 04.





                                   THOMAS S. MARKIEWICZ
                                   Chair

AFBCMR BC-2004-01683




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to xxxxxxxxxxx, be corrected to show that he was promoted to the
grade of sergeant, effective 20 November 1945, and on 21 November 1945, he
was honorably discharged in the grade of sergeant, rather than private.






  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
                     CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  APPLICANT, DOCKET NO: BC-2004-01683

      The applicant has requested that his discharge document reflect the
rank of sergeant versus private.  The majority of the Board recommends
approval based on possible injustice.  I respectfully disagree.

      After careful consideration of the applicant’s request and the
available evidence of record, I see no evidence that would warrant approval
of the applicant’s request.  The applicant’s service record does reflect
the applicant was promoted to sergeant (Temporary) on 1 June 1944.
However, his service records also clearly shows that at the time of his
discharge on 26 June 1945, he was serving in the grade of private because
of a demotion.  There are no documents to indicate why he was demoted to
private nor does the applicant provide in my estimation the quality or
quantity of evidence to determine whether his rank at the time of discharge
was in error.  I do note, however, he did have for reasons unknown, ten
days of lost time.  In the absence of any documentation to the show the
available information is erroneous, I must assume he was discharged in the
correct grade.

      In view of the above, I find that the applicant has not satisfied his
burden to show there has been an error or injustice.


                                        Sincerely






                                        THOMAS S. MARKIEWICZ
                                        Chair