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AF | BCMR | CY2006 | BC-2006-00721
Original file (BC-2006-00721.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00721
            INDEX CODE:  131.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  12 SEP 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

His record be corrected to reflect the rank of captain.

___________________________________________________________________

APPLICANT CONTENDS THAT:

The paperwork must have been destroyed during a  typhoon.   He  did
not receive any extra pay and does not want it.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The applicant's military personnel records were destroyed  by  fire
in 1973 at the National Personnel Records Center.   Data  extracted
from his reconstructed record reflect he entered active service  on
7 Jan 44.  He served as a pilot on a  C-46  and  C-47  twin  engine
cargo ships.  He flew 35 combat missions over enemy held territory,
ferried gliders, carried heavy equipment, personnel,  and  supplied
troops by  air.  His  Certificate  of  Flying  Status  Form,  dated
6 Oct 45, reflects his grade as captain.

His WD AGO Form 100, Separation Qualification Record reflects  that
he separated on 23 Dec 45 in the grade of first lieutenant.

___________________________________________________________________

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 existence of error or injustice warranting a correction to  the
record.  In this respect, we  note  the  applicant’s  reconstructed
record contains a Certificate of Flying  Status  Memorandum,  dated
6 Oct 45, reflecting his grade as captain.  Based on  the  evidence
provided by the applicant, we believe  that  any  doubt  should  be
resolved in his favor and that his record should  be  corrected  to
reflect  his  grade  at  the  time  of   separation   as   captain.
Accordingly, we recommend that the applicant’s records be corrected
to the extent indicated below.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the  Air  Force
relating to APPLICANT, be corrected to show that he was  discharged
from all appointments on 23 December 1945 in the grade of  captain,
rather than first lieutenant.

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2006-00721 in Executive  Session  on  24  May  2006,  under  the
provisions of AFI 36-2603:

      Mr. Michael J. Novel, Panel Chair
      Mr. Reginald P. Howard, Member
      Mr. James A. Wolffe, Member

All members voted to correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 4 Mar 06, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.




                                   MICHAEL J. NOVEL
                                   Panel Chair



AFBCMR BC-2006-00721




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 XXXXXXX, XXXXXXX, be corrected to show that he
was discharged from all appointments on 23 December 1945 in the
grade of captain, rather than first lieutenant.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency



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