RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02256
                       INDEX CODE:  107.00
                       COUNSEL:  None

                       HEARING DESIRED:  No

MANDATORY CASE COMPLETION DATE:  22 Jan 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214 reflect he is  an  officer  rather  than  an  enlisted
member, his service in the US Marine Corps  (USMC)  and  in  the  86th
Fighter Interceptor Squadron (86 FIS), and receipt  of  the  following
awards:

            --Distinguished Service Cross (DSC)
            --Distinguished Flying Cross (DFC)
            --Bronze Star Medal with Valor (BSM w/V)
            --Purple Heart with One Oak Leaf Cluster (PH w/1OLC)
            --Presidential Unit Citation (PUC)
            --Air Force Good Conduct Medal (AFGCM)
            --National Defense Service Medal (NDSM)
            --Combat Infantry Badge (CIB) from the US Army 101st
                             Airborne (USA 101 AB)

_________________________________________________________________

APPLICANT CONTENDS THAT:

He never got another DD Form 214 after leaving the military  on  1 Sep
76.  That discharge form should have shown the second PH and  the  CIB
he received from the USA 101 AB for saving 43 of their  men  from  the
enemy,  the  spot  promotion  from  President  Nixon  from  major   to
lieutenant colonel (LTC), and award from President Nixon of  the  DSC,
the DFC, and the BSM w/V at the White House.

The applicant’s  application  was  forwarded  by  the  office  of  his
Congressional Representative. In his letter  to  the  Representative’s
office, the applicant described his service in Vietnam as a  pilot  in
the grade of major and his saving 43 Army members, his being  wounded,
his work with the Office of  Special  Investigations  (OSI),  and  his
receiving the cited decorations
from President Nixon.  He asserts the USMC failed to include his PH on
his DD Form 214 while transferring him to the Air Force, and claims he
was promoted to “Full Colonel” in May 72.   He  alleges  his  ejection
injury to his back  was  aggravated  when  he  was  rear-ended  in  an
accident and he has been totally disabled for 27 years.  He signs this
letter as a colonel.  He indicates on his DD  Form  149  that  he  was
discharged on 1 Sep 76, and that his grade is “0-7” [Note: 0-7 equates
to a brigadier general; 0-6 equates to a colonel].  He signed  his  DD
Form 149 as a colonel.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 18 Jul 05, SAF/MRBR, the AFBCMR intake office at Randolph AFB,  TX,
wrote the applicant (Exhibit D) advising that the  index  to  military
personnel records stored at  the  National  Personnel  Records  Center
(NPRC) at St.  Louis,  MO,  reflected  that  his  records  were  “only
auxiliary documents on file alluding to a date  of  enlistment.”   His
complete records were among those destroyed by the 1973 fire at  NPRC.


The DD Form 214 provided by the applicant at Exhibit  A  reflects  the
following:

      He enlisted in the Regular Air Force  in  the  grade  of  airman
basic on 2 Sep 55 for a period of four  years.   He  appears  to  have
served as a weapons systems mechanic.  He was promoted to the grade of
airman second class on 1 Jun 56.  He attended training at  Lowry  AFB,
CO, from Jan 56 to Oct 56; at Ethan-Allen AFB, VT, from Jan 57 to  Mar
57; and at Camden,  NJ,  from  Apr  57  to  Aug  57.   His  last  duty
assignment and major command was with the 79th CAMRON Squadron  (ADC).
He sustained no wounds and received no awards or decorations.  He  was
honorably discharged on 3 Jun 59 in the grade of airman  second  class
after three years, nine months and two days of active  service,  under
the  provisions  of  AFR 39-14,  Paragraph  3j  (Convenience  of   the
Government - Early Release to Attend School).  No credit  for  foreign
service is indicated.

The applicant also provided, at Exhibit A, a copy of a temporary  duty
(TDY) order, dated 8 Jun 72, which appears to indicate  the  applicant
was sent TDY for 120 days from Cincinnati, OH, to  Keflavik,  Iceland,
to provide equipment maintenance support at the  deployed  site.   The
applicant appears to have been a civilian employed with an electronics
company and traveled as a GS-12 equivalent.

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AIR FORCE EVALUATION:

HQ  AFPC/DPPPR  advises  that  the  applicant’s  records  contain   no
documentation  confirming  service  in  an  overseas   area   or   his
entitlement to the DSC, the DFC, the BSM w/V, the PH w/1OLC, the  PUC,
the AFGCM and the NDSM.  Further, the entitlements to the DSC and  the
CIB are authorized by the Department of the Army, which has  confirmed
that the applicant was not awarded these decorations.  Further,  there
is no documentation in his records substantiating  service  in  either
the  USMC  or  with  the  86  FIS.   The  applicant  has  provided  no
documentation to substantiate his claim that he was  promoted  to  the
rank of colonel.  Therefore, denial is recommended.

A complete copy of the evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant takes strong exception to the advisory.  He contends  he
cross-transferred from the USMC to the Air Force, after Korea where he
was wounded.  He took aviation and officer training tests.  When “this
organization” corrects all the errors in his  records,  then  he  will
file his military time as an officer.  He believes 0-7 and colonel are
the same thing.  He questions how is it possible for SAF/MRBR’s letter
[dated 18 Jul 05] could be received by him  on  25 Jul  05  “two  days
before it was written.”  He complains about  the  destruction  of  his
records in the 1973 fire.  He asserts SAF/MRBR and HQ  AFPC/DPPPR  are
perpetuating a fraud.

A complete copy of  applicant’s  response,  with  attachments,  is  at
Exhibit D.

_________________________________________________________________

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.  After a thorough review  of  the
applicant’s submission, we are not persuaded the requested  relief  is
warranted.  The applicant’s military records were apparently destroyed
by fire in 1973 and the only  official  documents  available  for  our
review are those provided  by  the  applicant.   His  contentions  are
noted; however, we do not find these uncorroborated assertions, in and
by themselves,  sufficiently  persuasive  to  override  the  available
evidence of record or the rationale provided by the  Air  Force.   The
applicant’s submission does  not  support  his  assertions.   Further,
based on the presumption of regularity in the  conduct  of  government
affairs, and without evidence to the contrary, we must assume that the
grade, awards, and service with the Air Force  as  designated  on  the
applicant’s DD Form 214 were proper and in compliance with appropriate
directives.  We therefore agree with the recommendations  of  the  Air
Force and adopt the rationale expressed as the basis for our  decision
that the applicant has not sustained his  burden  of  having  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  this  application  in
Executive Session on 4 January 2006 under the provisions  of  AFI  36-
2603:

                 Mr. James W. Russell III, Panel Chair
                 Ms. Barbara R. Murray, Member
                 Ms. Josephine L. Davis, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2005-02256 was considered:

   Exhibit A.  DD Form 149, dated 8 Jul 05, w/atchs.
   Exhibit B.  Letter, HQ AFPC/DPPPR, dated 9 Sep 05.
   Exhibit C.  Letter, SAF/MRBR, dated 21 Oct 05.
   Exhibit D.  Letter, Applicant, dated 31 Oct 05, w/atchs.




                                   JAMES W. RUSSELL III
                                   Panel Chair