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AF | BCMR | CY2006 | BC-2006-02119
Original file (BC-2006-02119.doc) Auto-classification: Denied

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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