RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                        DOCKET  NUMBER:   BC-2006-
00929
                                             INDEX  CODE:   107.00,
131.00

                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO



MANDATORY CASE COMPLETION DATE:  20 NOVEMBER 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show that he was promoted to  the  rank
of Sergeant.

He be awarded the Presidential Unit Citation (PUC).

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was promised the rank of sergeant  upon  completion  of  Gunnery
School.  He never received that rank upon completion of  schooling.
He feels a promise made for a particular rank  for  Gunnery  School
should have been kept, just the  same  as  promises  for  ranks  at
officer candidate school.

He proudly put his life on the line to protect this country  during
WWII and deserves an accurate representation of the part he  played
in defending our country.  He is now 83 years old and would like to
have his records corrected.

In support of  his  request,  the  applicant  provided  a  personal
letter, a copy of his DD Form  215,  Correction  to  DD  Form  214,
Certificate of Release or Discharge from Active Duty, and a copy of
his orders for gunnery school.

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


___________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty on 16 Jan 43  and  was  honorably
discharged in the grade of Private First Class on 17 Feb 46.

His records reflect  he  was  awarded  the  European-African-Middle
Eastern Campaign Medal,  w/Three  Bronze  Service  Stars,  Army  of
Occupation Medal w/Germany Clasp, Good Conduct Medal, and World War
II Victory Medal.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPWB recommends the application be time barred.

The application has not  been  filed  within  the  three-year  time
limitation imposed by AFI 36-2603.  In addition to  being  untimely
under the statute of limitations, the applicant’s request may  also
be dismissed under the equitable doctrine of Laches,  which  denies
relief  to  one  who  has  unreasonably  and  inexcusably   delayed
asserting a claim.  Laches consists of two  elements:   Inexcusable
delay and prejudice to the Air Force resulting there from.  In  the
applicant’s case, he waited approximately 60 years after  discharge
to petition the AFBCMR.  Applicant’s unreasonable  delay  has  also
caused prejudice to the Air  Force.   Relevant  records  have  been
destroyed or are no longer  available,  memories  have  failed  and
witnesses are unavailable.

After reviewing the limited records (totally destroyed by  fire  in
1973 at NPRC) they found no documentation concerning his  promotion
to Sergeant.  The applicant provides an order dated July  1943  for
his attendance  at  the  Eighth  AF  Anti-Aircraft  Gunner  School;
however, there is no documentation showing he ever held  the  grade
of Sergeant.  His Enlisted Record and Report of Separation reflects
highest grade held as Private First Class.  In the absence  of  any
information/data or documentation to the  contrary,  they  have  no
basis to recommend his grade be changed.

A complete copy of the Air Force evaluation is at Exhibit C.

___________________________________________________________________

HQ AFPC/DPPPR recommends disapproval of the applicant’s request for
the PUC.

The PUC is conferred on units of the armed  forces  of  the  United
States and of cobelligerent nations, for extraordinary  heroism  in
action against an armed enemy on or after 7 December 1941.  The AFP
900-2 Vol I, does not list the 20th BW as receiving the PUC.

The applicant  was  informed  of  the  20th  BW  ineligibility  for
receiving the PUC in 1998  by  the  Honorable  Michael  Bilirakis’s
Office.

A complete copy of the Air Force evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 5 May 06, copies of the Air Force evaluations were forwarded  to
the applicant for review and response within 30 days.  As  of  this
date, no response has been received by this office (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 opinions  and  recommendations  of
the Air Force offices of primary  responsibility  and  adopt  their
rationale as the basis for our 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 compelling 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 Docket Number BC-2006-
00929 in Executive Session on 20 June 2006, under the provisions of
AFI 36-2603:

      Mr. Michael J. Maglio, Panel Chair
      Ms. Mary C. Puckett, Member
      Ms. Patricia R. Collins, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Oct 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPWB, dated 21 Apr 06.
    Exhibit D.  Letter, AFPC/DPPPR, dated 28 Apr 06.
    Exhibit E.  Letter, SAF/MRBR, dated 5 May 06.




                                   MICHAEL J. MAGLIO
                                   Panel Chair