RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2004-02463
            INDEX NUMBER: 107.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect his rank at the time  of  his  discharge
was technical sergeant (E-6), rather than staff sergeant (E-5).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

As a radio operator/gunner of a B-24, Liberator, completing a  total  of  23
combat missions, his training  and  duties  entitled  him  to  the  rank  of
technical sergeant.  Prior to his discharge,  he  brought  this  up  to  his
commanding officer in North Carolina and was told that it was too  late  and
he should have brought the matter up prior to his departure from Italy.   He
met other members of his combat group who flew less missions  and  possessed
less qualifications that had been brought up to full rank.

In support of the appeal, the applicant  submits  copies  of  his  discharge
documents, his individual sortie record, and a letter from his congressman.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is a former member of the Army Air Corps who served on  active
duty from 28 January 1943 to 19 November 1945.  He served  in  the  European
Theatre of Operation from 26 January  1945  to  22 June  1945,  as  a  B-24,
Liberator, radio operator.  He completed a total of 23 combat  missions  and
participated in the Rhineland, Central Europe, Northern  Apennines,  and  Po
Valley campaigns.  His Enlisted Record and Report of Separation,  issued  in
conjunction with his 19 November 1945 discharge, reflects the highest  grade
held as staff sergeant and that he  completed  Radio  Operator/Mechanic  and
Flexible Aerial Gunner Schools.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPWB recommends the application be denied and states, in  part,  that
while the applicant may have been deserving of promotion, in the absence  of
documentation to the contrary, they must assume he  was  discharged  in  the
proper grade.  Furthermore, the applicant’s unreasonable delay,  now  dating
back over 58 years, is untimely and has greatly complicated the  ability  to
determine the merits of his position.


The AFPC/DPPPWB evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

During World War II, the engineer/gunner and radio  operator/gunner  carried
the rank of technical sergeant and the rest of the gunners carried the  rank
of staff sergeant.  When the war ended, he was  immediately  assigned  to  a
crew to ferry a B-24, Liberator, back to the United States for possible  use
in the Pacific ocean.  He has established his service during  World  War  II
and should not be penalized for the absence of original records.

Applicant’s complete response 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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of error or injustice.  While additional  information  surrounding
the circumstances of this case would have been  beneficial,  a  majority  of
the  Board  finds  sufficient  evidence  to  conclude  that  applicant   was
qualified for promotion.  The applicant states that based on his  completion
of  the  requisite  training  and  service  as  a  B-24,  Liberator,   radio
operator/gunner in Italy, he was eligible for  promotion  to  the  grade  of
technical sergeant prior to his discharge.  He further states that prior  to
his discharge he was sent to ferry a plane back to  the  United  States  for
possible use in the Pacific Theatre  of  Operation,  during  which  time  he
raised the issue with his commanding officer and was told that  it  was  too
late and that he should have brought the issue up  prior  to  his  departure
from Italy.  A majority of the Board believes the applicant has  established
that he was qualified for promotion and had he remained  with  his  original
unit in Italy, would have been promoted to the grade of technical  sergeant;
therefore, he has been the victim of an injustice.   In  the  absence  of  a
basis to question the integrity of this World War  II  veteran,  and  in  an
effort to correct this injustice, a majority of the  Board  recommends  that
his records be corrected to show that  he  was  promoted  to  the  grade  of
technical sergeant on 18 November 1945.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that on 18 November 1945, he was  promoted
to the grade of  technical  sergeant;  and  on  19  November  1945,  he  was
discharged in the grade of technical sergeant, rather than staff sergeant.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2004-02463
in Executive Session on 2 November 2004, under the  provisions  of  AFI  36-
2603:

                       Mr. Richard A. Peterson, Panel Chair
                       Mr. Gregory A. Parker, Member
                       Mr. James W. Russell, III, Member

By  majority  vote,  the  Board  recommended  to  correct  the  records,  as
recommended.  Mr. Russell voted to deny the application but  does  not  wish
to submit  a  Minority  Report.   The  following  documentary  evidence  was
considered:

    Exhibit A.  DD Form 149, dated 4 Jun 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPWB, dated 16 Sep 04.
    Exhibit D.  Letter, SAF/MRBR, dated 24 Sep 04.
    Exhibit E.  Letter, Applicant, dated 29 Sep 04.




                                   RICHARD A. PETERSON
                                   Panel Chair

AFBCMR BC-2004-02463




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 XXXXXXX, be corrected to show that on 18 November 1945, he was
promoted to the grade of technical sergeant; and on 19 November 1945, he
was discharged in the grade of technical sergeant, rather than staff
sergeant.









JOE G. LINEBERGER

Director

Air Force Review Boards Agency