RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02119
INDEX CODE: 100.00, 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 13 JANUARY 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her deceased husband’s military records be corrected to reflect
reinstatement of his grade of Staff Sergeant.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Before her husband passed away in April 2006, he asked that his family not
request a bronze military marker because of his embarrassment of the rank
that would be listed on the marker. He felt that because his rank had not
been reinstated as promised people would not believe that he was
exonerated.
While her husband was stationed in Italy, he was involved in an incident
where a man was killed. There was a hearing, and it was ruled accidental,
after which, her husband was told his rank would be reinstated. His rank
was not reinstated before he shipped home, even though his CO assured him
he would take care of it. It was not until years later when he applied for
healthcare thru the Veteran’s Administration (VA) system that he discovered
his rank was never reinstated.
In support of her request, applicant provided copies of her husband’s Death
Certificate, WD AGO Form 53-55 (Enlisted Record and Report of Separation –
Honorable Discharge), and his Honorable Discharge Certificate. Also
attached was additional background information provided by the service
member’s daughter.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s military personnel records were destroyed in the 1973 fire
at the National Personnel Records Center.
The following information was extracted from applicant’s submission. His
Enlisted Record of Report and Separation, WD AGO 53-55, reveals member was
inducted into the Army of the United States (Air Corps), on 3 Jun 43, and
entered active service on 17 Jun 43 as an Armorer Gunner. He was
honorably discharged in the grade of private on 22 Oct 45, for the
Convenience of the Government (Demobilization). His highest grade held was
Staff Sergeant.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPWB reviewed this application and stated that due to extremely
limited records (records were destroyed by fire in 1973 at NPRC); they have
no official documentation concerning the circumstances surrounding the
deceased member’s demotion and possible reinstatement of rank. Therefore,
they must assume that the discharge certificate and Enlisted Record and
Report of Separation reflect the correct rank.
The DPPPWB complete evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 25 Aug 06, a copy of the Air Force evaluation was forwarded to the
applicant for review and comment within 30 days. As of this date, this
office has received no response.
_________________________________________________________________
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. After careful consideration of the limited documentation available for
our review, we find insufficient relevant evidence has been presented to
demonstrate the existence of probable error or injustice with regard to
applicant’s request that her deceased husband’s rank of staff sergeant be
reinstated. We noted the applicant’s complete submission in judging the
merits of her contention that her husband was told his rank would be
reinstated; however, we agree with the opinion and recommendation of the
Air Force office of primary responsibility and adopt the rationale
expressed as the basis for our conclusion that without evidence to the
contrary, we must assume her husband was discharged in the proper grade.
Therefore, we find no compelling basis to recommend granting the requested
relief.
_________________________________________________________________
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-
02119 in Executive Session on 28 September 2006, under the provisions of
AFI 36-2603:
Mr. James W. Russell III, Panel Chair
Mr. Alan A. Blomgren, Member
Mr. Grover L. Dunn, Member
The following documentary evidence pertaining to Docket Number BC-2006-
02119 was considered:
Exhibit A. DD Form 149, dated 6 Jul 06, w/atchs.
Exhibit B. Letter, AFPC/DPPPWB, dated 3 Aug 06.
Exhibit C. Letter, SAF/MRBR, dated 25 Aug 06.
JAMES W. RUSSELL, III
Panel Chair
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