RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02380
            INDEX CODE: 129.04
            COUNSEL:  American Legion

            HEARING DESIRED:  No

MANDATORY CASE COMPLETION DATE:  1 Feb 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His rank at time of discharge be staff  sergeant  (SSgt)  rather  than
corporal (CPL).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reduction in rank was illegal because all records of his  military
service show he was an excellent soldier.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s  records  are  very  limited,  having  been  partially
destroyed by mold and the 1973 fire at the National Personnel  Records
Center (NPRC).  Many of the available documents  are  very  faint  and
almost indecipherable.

The applicant enlisted in the Army Air Corps on 30 Oct 42  and  served
as an armorer gunner for heavy bombers.

A military record reflected the applicant’s grade as SSgt on 9 May 43;
then as private on 22 Dec 43 with a temporary grade of CPL.  From that
point on, his grade is reflected on documents as CPL.  Nothing in  the
available records revealed why he was reduced from SSgt.  Some of  his
records described  his  character/efficiency  rating  as  “excellent,”
“satisfactory,” or “unknown.”

He was demobilized and honorably discharged in the  grade  of  CPL  on
17 Sep 45, after 2 years, 10 months, and 18 days  of  active  service.
His WD AGO 53-55  reflects  his  highest  grade  held  was  SSgt.   He
participated in the following World War II  (WWII)  battles/campaigns:
Air Offensive Europe, Normandy, Ardennes, Rhineland,  Central  Europe,
and  Northern  France.   He  received  the  Purple  Heart  for  wounds
sustained in Oct 43 while on a mission over  enemy-occupied  territory
in the  European  Theater,  the  Distinguished  Unit  Badge,  and  the
European-African-Middle Eastern Service Medal with 1 Silver Star and 1
Bronze Star.

The applicant initially filed his appeal with the Army  Review  Boards
Agency; however, on 1 Jul 05, he was advised to forward his request to
the AFBCMR.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPWB notes the case is untimely and could be dismissed under
the equitable doctrine of laches, which denies relief to one  who  has
unreasonably and inexcusably delayed asserting a claim.  The applicant
waited almost 60 years after discharge to petition  the  AFBCMR.   His
unreasonable delay has caused prejudice to the Air Force  as  relevant
records have been destroyed or are no longer available, memories  have
failed, and witnesses are unavailable.  They find no documentation  in
the available records concerning the applicant’s reduction  from  SSgt
to CPL.  His separation document reflects the highest grade  held  was
SSgt.  His request should be denied due to the lack of documentation.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant and his counsel on 7 Oct 05 for review and comment 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.    Sufficient relevant evidence has been presented  to  demonstrate
the possibility of an injustice and, as a result, we are  inclined  to
recommend granting the applicant’s request on the basis  of  clemency.
The applicant contends his reduction from SSgt to  CPL  was  “illegal”
because his military records  show  he  was  “an  excellent  soldier.”
Unfortunately, his few remaining records provide no information as  to
why he was  reduced  in  grade,  and  he  has  submitted  no  evidence
supporting his assertion.  Based on the presumption of  regularity  in
the conduct of governmental  affairs,  we  assume  the  reduction  was
proper and in compliance with  appropriate  directives  at  the  time.
Nonetheless, we also note the applicant participated in numerous  WWII
battles and campaigns, received the Purple Heart for wounds  sustained
in a mission over the European Theater, as well as other  decorations,
and was ultimately  discharged  with  an  honorable  characterization.
While the reduction may have  been  warranted  at  the  time,  we  are
convinced, on the basis of clemency, that some consideration should be
given to this applicant’s participation and personal sacrifice  during
WWII.  We do not believe he should be entitled to back pay and related
benefits, but we are persuaded his grade of SSgt  should  be  restored
one day before his discharge.  We find this a fitting compromise  that
does not usurp the decisions of the applicant’s superiors, yet  offers
him some small relief in recognition of  his  contributions  during  a
momentous period in our nation’s history.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to the APPLICANT be corrected to show that,  on  16 September
1945, he was promoted to the grade of staff sergeant.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 30 November 2005 under the provisions of AFI  36-
2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Ms. Dorothy P. Loeb, Member
                 Ms. Renee M. Collier, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence relating to AFBCMR  Docket  Number  BC-
2005-02380 was considered:

   Exhibit A.  DD Form 149, dated 13 Jun 05, w/atchs.
   Exhibit B.  Available Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPWB, dated 27 Sep 05.
   Exhibit D.  Letter, SAF/MRBR, dated 7 Oct 05.




                                   THOMAS S. MARKIEWICZ
                                   Chair

AFBCMR BC-2005-02380




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          , be corrected to show that, on
16 September 1945, he was promoted to the grade of staff sergeant.





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency