RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2005-01906
                 INDEX CODE:       128.11
      XXXXXXXXXXXXX    COUNSEL:  NONE

      XXXXXXXXXXXXXX   HEARING DESIRED:  NOT INDICATED

MANDATORY CASE COMPLETION DATE:  17 DEC 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

Item 55 of his WD AGO Form, Enlisted Record and Report of  Separation,
be changed to reflect he lost 0 days vice 55 days and he be  paid  any
back pay to which he is entitled.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not absent without leave (AWOL) for 55 days and was on a 31 day
furlough instead.

In support of his request, applicant provided a copy  of  his  WD  AGO
Form.

Applicant's complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The former member enlisted in the Army Air Corps on  17  January  1946
and was honorably discharged on 25 April 1947. His record of discharge
states 55 days were lost.

The applicant requested discharge on 7  February  1947.   On  21 March
1947, he appeared  before  an  administrative  discharge  board.   The
board, after hearing from the applicant and  one  additional  witness,
recommended  the  applicant  be  discharged  under  AR   615-369   for
inaptness.

His final payment worksheet indicates the applicant  was  on  furlough
from 22 February 1947 to 13 March 1947 and was paid furlough  rations.
His final  pay  was  $241.80.   His  pay  record  indicates  the  only
allotment at the time of discharge was $6.40 per month for insurance.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/JA recommends denial.  JA states while it was believed all of the
applicant’s records had been lost in the fire;  a  recent  search  has
recovered about  42  partial  pages  of  his  military  record.   Each
recovered page is burned around the edges but is, at  least  in  part,
legible.

According to  JA  several  of  the  documents  recovered  reflect  the
applicant had 55 days of lost time at the time of  his  administrative
discharge.  The file also contains the records  of  two  court-martial
convictions for AWOL accounting for approximately 23 days  of  the  55
days of lost time and an additional 42 days in  pre-trial  confinement
while  awaiting  court-martial.   While  the  file  does  not  contain
documents to account for the remaining  lost  time,  records  indicate
that the applicant was also AWOL  for  an  additional  13  days,  from
21 August 1946 to 4 September 1946.

JA states while the fact that the original records in this  case  have
been damaged by fire and are likely incomplete is troublesome,  it  is
not an insurmountable obstacle to a fair analysis of this  application
on its merits.  The applicant has the burden of  providing  sufficient
evidence of  probable  material  error  or  injustice.   Further,  the
applicant must overcome the  strong,  though  rebuttable,  presumption
that military officials, like other public servants,  discharge  their
duties in good faith and lawfully.  Given the applicant has  presented
no evidence to support his claim; he has not met his burden.

JA states the  records  obtained  show  the  applicant  was  AWOL  for
36 days.  While the source for the remaining 19 days  lost  remains  a
mystery, the applicant’s conduct over his short military career show a
pattern for AWOL that may well have been  repeated  without  surviving
documentation.

The AFPC/JA evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 29
Jul 2005 for review and comment within 30 days. As of  this  date,  no
response has been received by this office.

_________________________________________________________________

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.  The applicant’s contention  that
he was not absent without leave for 55  days  but  was  on  a  31  day
furlough was duly noted; however, we do not  find  the  uncorroborated
assertion sufficiently persuasive to override the  rationale  provided
by AFPC/JA. With respect to back pay the  Board  notes  the  available
evidence of record reflects that at the  time  of  his  administrative
discharge he was provided final pay in the  amount  of  $241.80  which
included  furlough  rations,  travel  pay,  and  mustering  out   pay.
Therefore, we agree with the opinions and recommendations  of  AFPC/JA
and adopt the rationale expressed as the basis for our  decision  that
the applicant has failed to sustain his burden of establishing that he
has suffered either an error or an injustice.  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 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-
01906 in Executive Session on 15 September 2005 under  the  provisions
of AFI 36-2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Mr. Gregory A. Parker, Member
                 Ms. Jan Mulligan, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, undated, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/JA, dated 27 Jul 05.
   Exhibit D.  Letter, SAF/MRBR, dated 29 Jul 05.





                                   THOMAS S. MARKIEWICZ
                                   Chair