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AF | BCMR | CY2006 | BC-2006-03031
Original file (BC-2006-03031.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03031
            INDEX CODE:  131.00

      XXXXXXXXXX COUNSEL:  NONE

            HEARING DESIRED: YES


MANDATORY CASE COMPLETION DATE:  7 APR 2008


___________________________________________________________________

APPLICANT REQUESTS THAT:

His record be corrected to reflect the rank of sergeant.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was unfairly denied the sergeant rating that was offered to  all
who completed the US  Army  Air  Forces  (USAAF)  Technical  School
Instructor  Course.   Everyone  in  the  class  preceding  him  who
completed the course were given the sergeant rating as was offered,
but his class  that  immediately  followed,  did  not  receive  the
sergeant rating.  He was given the instructor badge,  and  assigned
to teach the technical school, and told while teaching, he would be
“Acting Sergeant.”

In support of his appeal, applicant submitted a personal statement;
a copy of USAAF Technical School diploma, dated 10 Aug 43; DD  Form
214,  Enlisted  Record  and  Report  of  Separation   –   Honorable
Discharge, dated 20 Sep 45, and a letter from his senator.  Exhibit
A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant entered military service on 18 Mar 43 and  was  honorably
discharged on 20 Sep 45.  His highest rank held was  private  first
class (PFC).  He was credited with 1 year, 8 months, and 5 days  of
active duty service.

On 3 Nov 06, applicant’s DD Form 214, dated 20  Sep  45,  Item  41,
added Instructor Training Course, Aug 1943.

___________________________________________________________________




AIR FORCE EVALUATION:

HQ AFPC/DPPPWB reviewed this  application  and  recommended  denial
stating, in part, based on the limited records and passage of time,
it is not possible to determine if promotion to a higher grade  was
appropriate.  While  the  applicant  may  have  been  deserving  of
promotion, in the absence of documentation to  the  contrary,  they
must assume he was discharged in the proper grade – PFC.

HQ AFPC/DPPPWB’s complete evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded to the Air Force evaluation  by  letter,  dated
1 Dec 06.  In support of his appeal, he  provided  a  copy  of  the
”Contrails” newsletter.

Applicant’s complete response, with attachments, is at 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.   Based  upon  the
limited records and the presumption of regularity in the conduct of
governmental affairs and without evidence to the contrary, we  must
assume that the applicant's grade at the  time  of  separation  was
proper and in compliance with appropriate  directives.   Therefore,
based on the available evidence of record, we find  no  basis  upon
which to favorably consider this application.

4.  The applicant's case is adequately documented and  it  has  not
been shown that a personal appearance with or without counsel  will
materially  add  to  our  understanding  of  the  issue   involved.
Therefore, the request for a hearing is not favorably considered.

___________________________________________________________________

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 AFBCMR Docket  Number
BC-2006-03031 in Executive Session on 20 December 2006,  under  the
provisions of AFI 36-2603:

      Mr. Michael J. Novel, Panel Chair
      Mr. Reginald P. Howard, Member
      Mr. Vance E. Lineberger, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 Sep 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPWB, dated 31 Oct 06.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Nov 06.
    Exhibit E.  Letter, Applicant, dated 1 Dec 06, w/atch.




                                   MICHAEL J. NOVEL
                                   Panel Chair

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