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AF | BCMR | CY2004 | BC-2004-02536
Original file (BC-2004-02536.DOC) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02536
            INDEX NUMBER:  100.00, 110.00

            COUNSEL:  JOHN COOK

            HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His Enlisted Record and Report of Separation, WD AGO Form 53-55, be
corrected to reflect sergeant versus corporal.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was promoted to the  grade  of  sergeant  before  he  left  Guam
(approximately five weeks before  being  discharged).   He  has  no
documentation reflecting he was promoted to the grade  of  sergeant
but states his records should contain evidence he was.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty in the Army Air Force on  20  Mar
43; he was discharged for the  Convenience  of  the  Government  on
25 Feb 46, in the grade of corporal.

A similar appeal was considered and denied by the Board  on  5  Mar
98.

___________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPWB recommends the applicant’s request be denied  based  on
timeliness.

A review of the applicant’s records reveals no promotion orders  to
indicate he was ever promoted to sergeant.  His Enlisted Record and
Report of Separation reflects his grade at the  time  of  discharge
and highest grade held as corporal.

A complete copy of the Air Force evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant contends an agent was told of his promotion  to  sergeant
and stated that when the official document  showing  his  promotion
was received, his records would be corrected.  He did not follow up
until a speaker at a veteran’s meeting informed him  to  apply  for
changes as needed.  He was informed all of his records  were  burnt
in a fire in St. Louis.  The ratings  were  posted  on  a  squadron
bulletin board, no one received a paper notification.  He wants the
correct rating on his stone when he passes on.  (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   their
rationale as the basis for our conclusion that  the  applicant  has
not been the victim of an error or injustice.   Therefore,  in  the
absence of evidence substantiating that the applicant was  promoted
to the grade of sergeant, 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 Docket Number BC-2004-
02536 in Executive Session on 19 October 2004, under the provisions
of AFI 36-2603:

      Ms. Rita S. Looney, Panel Chair
      Mr. Terry L. Scott, Member
      Ms. Cheryl V. Jacobson, Member



The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 23 Oct 03.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPWB, dated 23 Aug 04.
    Exhibit D.  Letter, SAF/MRBR, dated 10 Sep 04.
    Exhibit E.  Letter, Applicant, dated 20 Sep 04, w/atch.




                                   RITA S. LOONEY
                                   Panel Chair

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