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AF | BCMR | CY2006 | BC-2005-02191
Original file (BC-2005-02191.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02191
            INDEX CODE:

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  15 Nov 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214 be corrected to show the highest rank held was  airman
second class (E-3).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He has no record of his holding rank of airman second class from  1958
to 1960.

In support of the appeal, applicant submits a copy of his DD Form 214.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s records were destroyed by fire at the  National  Personnel
Records Center (NPRC), in St.  Louis,  MO;  therefore,  the  following
information has been extracted from the DD Form 214, provided  by  the
applicant.

Applicant enlisted in the Regular Air Force on 7 Aug 57.

On 24 Jul 61, while serving in the grade of airman third class  (E-2),
he was released from active duty under provisions of AFR  39-14,  with
character of service  being  honorable  for  the  convenience  of  the
government (separation – because of insufficient service retainability
for permanent change of station).  He served 3 years, 11 months and 15
days on active duty.  He served three years and  one  day  of  foreign
and/or SEA service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  Applicant’s DD Form 214 shows his grade
at the time of his separation and no corrective  action  is  required.
The highest grade  held  during  an  individual’s  enlistment  is  not
recorded on the DD Form 214.

On 8 Jul 05, applicant submitted  an  Application  for  Correction  of
Military Record (DD Form 149) requesting  that  his  DD  Form  214  be
corrected to show the highest rank held was airman second class  (E-3)
and it was returned without action.  In  a  letter  dated  18 Aug  05,
AFPC/DPPRS explained to the applicant that the highest grade  held  is
not recorded on the DD Form 214.  They also informed him  that  if  he
still felt there is an  error  or  injustice  he  could  resubmit  his
application  along  with  documentation  and  explain  the  correction
desired.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provided a statement saying there was a misunderstanding
by AFPC/DPPRS as to what action he requested.  He did  not  request  a
change to his DD Form 214.  What he requested was that those  military
records which are used by  the  Department  of  Veterans  Affairs  for
determination of veterans benefits be corrected.  In  summary,  he  is
requesting that the appropriate records  (not  the  DD  Form  214)  be
corrected to show that the highest rank  he  held  was  Airman  second
class (E-3), so the Veterans  Administration  will  have  the  correct
information at  the  time  of  his  death  for  purposes  of  veterans
benefits.

Applicant's complete response, with attachment, is at Exhibit E.

_________________________________________________________________

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 complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Force
and adopt their rationale as the basis for  the  conclusion  that  the
applicant  has  not  been  the  victim  of  an  error  or   injustice.
Therefore, in the absence of evidence to  the  contrary,  we  find  no
basis to recommend granting the relief sought in this application.

_________________________________________________________________

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 26 October 2006, under the provisions of AFI  36-
2603:

                 Mr. Michael J. Novel, Panel Chair
                 Mr. Todd L. Schafer, Member
                 Ms. Mary C. Puckett, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 27 Jun 07, w/atch.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 23 Aug 06.
      Exhibit D. Letter, SAF/MRBR, dated 22 Sep 06.
      Exhibit E. Applicant’s Response, dated 25 Sep 06.




                             MICHAEL J. NOVEL
                             Panel Chair

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