RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00522
INDEX CODE: 131.03
XXXXXXX COUNSEL: None
XXXXXXX HEARING DESIRED: No
MANDATORY CASE COMPLETION DATE: 16 AUGUST 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be promoted to the grade of staff sergeant.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He successfully completed all requirements and graduated from radio
operation mechanics school. After a nine-month course in Sioux Falls,
SD, he achieved a score of 5.0 in Morse code transmission, which was
the highest in the class. This class was specifically informed that
upon graduation, they would be eligible for and receive staff sergeant
rank. This never occurred for him, even though he served as an aircrew
member.
In support of his request, applicant provided a copy of WD AGO Form
53, Enlisted Record and Report of Separation Honorable Discharge, a
copy of an honorable discharge certificate from the Army and a
personal letter.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active military service on 21 September 1943 in
the grade of private. He was honorably discharged in the grade of
private first class on 5 March 1946.
The applicant’s discharge records, WD AGO Form 53, Enlisted Record and
Report of Separation Honorable Discharge and a copy of his honorable
discharge certificate from the Army show his last held grade to be
“private first class.”
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPWB recommends the applicant’s request be time barred. Based
on limited records and the passage of time, it is not possible for
DPPPWB at this point to determine if promotion to a higher grade was
appropriate. 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 of private first class. They
believe that supervisors and commanding officers at the time were in a
better position to evaluate the applicant’s potential and eligibility
for promotion. In short, the Air Force asserts that applicant’s delay
regarding a matter now dating back almost 59 years has greatly
complicated its ability to determine the merits of his position.
AFPC/DPPPWB’s complete evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 1
April 2005 for review and response within 30 days. As of this date,
this office has received no 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 an error or injustice. After a thorough review of the
evidence of record and applicant’s submission, the Board is not
persuaded that the applicant should be promoted to the grade of staff
sergeant. Applicant’s contentions are duly noted; however, 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 been the victim of an error or injustice.
It is regrettable that the passage of time has apparently resulted in
the loss of the applicant’s records. Nonetheless, the only historical
documents available do not indicate that he was promoted to the grade
of staff sergeant. It appears, in fact, that he was paid and separated
as a private first class. We have no doubt that the applicant served
honorably and well, and his contributions during the war are
acknowledged by this Board and
appreciated by his country. In view of the above and absent persuasive
evidence to the contrary, we find no compelling basis to recommend
granting the relief sought.
_________________________________________________________________
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 Docket Number BC-2005-
00522 in Executive Session on 7 July 2005, under the provisions of AFI
36-2603:
Mr. Richard A. Peterson, Panel Chair
Ms. Sue A. Lumpkins, Member
Mr. James W. Russell, III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Feb 05, w/atchs.
Exhibit B. Available Personnel Records.
Exhibit C. Letter, AFPC/DPPPWB, dated 21 Mar 05.
Exhibit D. Letter, SAF/MRBR, dated 1 Apr 05.
RICHARD A. PETERSON
Panel Chair
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