RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02729
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Air Medal and his DD Form 214 be corrected to reflect the
rank of sergeant.
________________________________________________________________
APPLICANT CONTENDS THAT:
He flew three missions. He received the rank of sergeant and would like
his DD Form 214 be corrected to reflect this rank.
In support of his appeal, he provides a copy of his Report of Separation,
individual flight record, a newspaper article and a copy of field order
696.
His submission, with attachments, is at Exhibit A.
_______________________________________________________________
STATEMENT OF FACTS:
The applicant’s records were lost or destroyed and efforts at
reconstruction have been, for the most part, unsuccessful. The following
is the only known information pertaining to the applicant's service and was
extracted from the document provided by the applicant.
The applicant enlisted in the Regular Air Force on 15 April 1943. He
performed duty as an airplane armorer gunner. Applicant’s Separation
Qualification Record reflects the applicant held the grade of sergeant for
approximately 14 months. On 1 March 1946, he was honorably discharged in
the grade of private, for the Convenience of the Government. He was
credited with 2 years, 7 months and 7 days of continental service and 3
months and 10 days of foreign service. His discharge document shows he
participated in the Air Offensive Europe campaign. He was awarded the
European-African-Middle Eastern Theater ribbon with one bronze star,
Victory ribbon, American Theatre ribbon and the Good Conduct Medal. He had
3 days’ lost time.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommends the application be denied. DPPPR states there is no
evidence in the applicant’s military personnel records which support he was
awarded the Air Medal (AM). The applicant’s personal statement alone is
insufficient to award him the Air Medal. As requested by DPPPR, he did not
submit the additional documentation to substantiate his entitlement to the
AM. The AFPC/DPPPR evaluation, with attachments, is at Exhibit B.
AFPC/DPPPWB recommends the application be denied. DPPPWB states that due
to the extremely limited records, and unreasonable delay, has greatly
complicated the ability to determine the merits of his request. In the
absence of documentation, DPPPWB assumes he was discharged in the proper
grade of private.
AFPC/DPPRS was unable to determine the propriety of the discharge based on
the lack of documentation in his record (see Exhibit C).
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 15 October 2004, copies of the Air Force evaluations were 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. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. We took notice of the applicant’s
contention that he should be awarded the Air Medal. After a thorough
review of his submission and the available evidence of record, we are not
persuaded that he should be awarded the Air Medal. In addition to the
applicant’s personal statement, he was asked to provide additional
documentation to include recommendations for the AM from someone with
firsthand knowledge of the act. He did not provide this information.
Therefore, in the absence of such evidence, we agree with the opinion and
recommendation of the Air Force office of primary responsibility and adopt
its rationale as the basis for our conclusion that the applicant has not
provided the necessary documentation to substantiate his claim.
4. With respect to the applicant’s request that his DD Form 214 be
corrected to reflect the rank of sergeant, we took note of his separation
qualification record which reflects the applicant did attain the rank of
sergeant during his enlistment. However, we also note that on 1 March
1946, his separation document reflects his grade as private with a remark
that three days were lost under the Articles of War (AW) 107. We note that
the AW states, among other things, that AW 107 was used to cover desertion,
AWOL, military confinement, civil confinement, drunkenness, fighting,
sports and self-injury. In view of this and in the absence of a showing
that his loss time was in error, we have no basis to find that the
applicant’s rank of private received at the time of his discharge is
erroneous or unjust. Accordingly, the applicant’s request is not favorably
considered.
________________________________________________________________
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 14 December 2004, under the provisions of AFI 36-2603:
Mr. Robert S. Boyd, Panel Chair
Ms. Renee M. Collier, Member
Ms. Janet I. Hassan, Member
The following documentary evidence for AFBCMR Docket Number 04-02729 was
considered:
Exhibit A. DD Form 149, dated 7 Jan 04, w/atchs.
Exhibit B. Letters, AFPC/DPPPR, AFPC/DPPPWB, dated
30 Sep 04.
Exhibit C. Letter, AFPC/DPPRS, dated 13 Oct 04.
Exhibit D. Letter, SAF/MRBR, dated 15 Oct 04.
ROBERT S. BOYD
Panel Chair
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