RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02469
INDEX CODE: 100.00
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 7 Feb 07
________________________________________________________________
APPLICANT REQUESTS THAT:
Any reference to 41 days of lost time under Article of War (AW) 107 be
removed from his records.
________________________________________________________________
APPLICANT CONTENDS THAT:
The lost time should be removed from his records because it was the result
of a truck accident that was not his fault.
While driving a truck through a severe dust storm in the China-Burma-India
(CBI) theatre of operations, he rear ended another Army vehicle. When he
refused to pay $42.00 to replace the radiator damaged during the accident,
his supervisors took malicious action against him which resulted in his
confinement for 41 days.
In support of the appeal, applicant submits a copy of his WD AGO 53-55,
Enlisted Record and Report of Separation – Honorable Discharge.
Applicant’s complete submission, with attachment, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The majority of applicant’s records were destroyed by fire in 1973, at the
National Personnel Records Center (NPRC); however, his final pay worksheet
survived the fire. Therefore, the following information is extracted from
the Report of Separation provided by applicant.
The applicant is a former member of the Army Air Crops who served on active
duty from 10 September 1941 through 5 September 1945. Item 55, Remarks, of
the Report of Separation issued in conjunction with his 5 September 1945
discharge, indicates 41 days of lost time under AW 107.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/JA states, in part, that the application is untimely and the applicant
has failed to prove an error or injustice warranting relief. The
application was filed 60 years after his discharge, which has placed the
government at a disadvantage given the passage of time and the destruction
of his records by fire. The applicant has not met his burden of providing
sufficient evidence of error or injustice. Further, he has not overcome
the strong, though rebuttable presumption that military officials, like
other public servants, discharged their duties in good faith and lawfully.
The AFPC/JA evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the evaluation was forwarded to the applicant on 23
September 2005 for review and response within 30 days. As of this date, no
response has been received by this office.
________________________________________________________________
FINDINGS AND CONCLUSIONS OF THE BOARD:
After careful consideration of applicant’s request and the available
evidence of record, we find the application untimely. Applicant did not
file within three years after the alleged error or injustice was discovered
as required by Title 10, United States Code, Section 1552 and Air Force
Instruction 36-2603. Applicant has not shown a plausible reason for the
delay in filing, and we are not persuaded that the record raises issues of
error or injustice which require resolution on the merits. Thus, we cannot
conclude it would be in the interest of justice to excuse applicant’s
failure to file in a timely manner and agree with the opinion and
recommendation of the Staff Judge Advocate, that the application should be
rejected as untimely.
________________________________________________________________
DECISION OF THE BOARD:
The application was not timely filed and it would not be in the interest of
justice to waive the untimeliness. It is the decision of the Board,
therefore, to reject the application as untimely.
________________________________________________________________
The following members of the Board considered Docket Number BC-2005-02469
in Executive Session on 10 November 2005, under the provisions of AFI 36-
2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Cheryl V. Jacobson, Member
Ms. Josephine L. Davis, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Aug 05, w/atchs.
Exhibit B. Applicant’s Reconstructed Master Personnel Record.
Exhibit C. Letter, AFPC/JA, dated 19 Sep 05.
Exhibit D. Letter, SAF/MRBR, dated 23 Sep 05.
MICHAEL K. GALLOGLY
Panel Chair
AF | BCMR | CY2005 | BC-2005-02299
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-02299 INDEX NUMBER: 107.00 XXXXXXX COUNSEL: ROBERT L. ASTON XXXXXXX HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 2 Jan 07 _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded an additional oak leaf cluster to the Distinguished Flying Cross (DFC) and two additional oak leaf clusters to the Air Medal (AM). ...
AF | BCMR | CY2006 | BC-2006-00037
The regulation allows that any soldier discharged with less than three years service is to receive the GCM if otherwise qualified. 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 its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. ...
AF | BCMR | CY2005 | BC-2005-01219
Block 34, Wounds Received in Action, of the applicant’s Enlisted Record and Report of Separation, indicates “none.” The PH is awarded for wounds received as a direct result of enemy actions (i.e., gunshot or shrapnel wounds, hand-to-hand combat wounds, forced aircraft bail out injuries, etc.). In this respect, we note the PH is awarded for wounds received as a direct result of enemy actions and it is necessary the wound required or received treatment by medical personnel. ...
AF | BCMR | CY2005 | BC-2005-02179
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-02179 INDEX NUMBER: 107.00 XXXXXXX COUNSEL: ROBERT L. ASTON XXXXXXX HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 12 Jan 07 _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Distinguished Flying Cross (DFC) and two additional oak leaf clusters to the Air Medal (AM). In addition, based on the Eighth Air Force policy...
AF | BCMR | CY2009 | BC-2008-04145
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-04145 INDEX NUMBER: 107.00 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His WG AGO Form 53-55, Enlisted Record and Report of Separation, issued in conjunction with his honorable discharge on 29 November 1945, reflect his Air Medal that he was previously awarded. The applicant’s WG AGO 53-55...
AF | BCMR | CY2005 | BC-2005-02255
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-02255 INDEX NUMBER: 107.00 XXXXXXX COUNSEL: ROBERT L. ASTON XXXXXXX HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 22 Jan 07 _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded two Distinguished Flying Crosses (DFCs), an additional oak leaf cluster to the Air Medal (AM), and the Army Commendation Medal (ACM). In this...
AF | BCMR | CY2005 | BC-2005-01460
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-01460 INDEX NUMBER: 131.00 XXXXXXXXXXXXXXXXXXX COUNSEL: None XXXXXXX HEARING DESIRED: No MANDATORY CASE COMPLETION DATE: 2 Nov 06 _________________________________________________________________ APPLICANT REQUESTS THAT: The deceased member’s grandson (applicant) requests that his grandfather (member) be promoted to the grade of master sergeant (MSgt) (E-7). A thorough review of...
AF | BCMR | CY2006 | BC-2005-03418
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-03418 INDEX CODE: 100.00 XXXXXXX COUNSEL: NONE XXXXXXX HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 11 May 2007 ________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be changed to reflect that he completed the Air National Guard (ANG) Regional Equipment Operators...
AF | BCMR | CY2009 | BC-2008-04138
_________________________________________________________________ THE APPLICANT CONTENDS THAT: Based on the Eighth Air Force established policy of awarding a DFC upon the completion of 35 combat missions, he is entitled to the award. Applicant’s complete submission, with attachments, is at Exhibit A. No official documentation was provided or located that verifies the DFC being awarded to the applicant; or a written recommendation submitted requesting consideration for the DFC.
AF | BCMR | CY2006 | BC-2004-03660A
ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-03660 INDEX CODE: 107.00 XXXXXXX COUNSEL: NONE XXXXXXX HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: In the applicant’s request for reconsideration, he requests that he be awarded the Air Force Achievement Medal (AFAM) as intended in 1985, and the Air Force Commendation Medal (AFCM), as originally...